Citation Nr: 21032360 Decision Date: 05/26/21 Archive Date: 05/26/21 DOCKET NO. 15-24 941 DATE: May 26, 2021 REMANDED Entitlement to service connection for a right leg disability (claimed as bilateral leg condition) is remanded. REASONS FOR REMAND The Veteran served in the United States Air Force on active duty from September 2003 to December 2003. The issue comes before the Board of Veterans' Appeals (Board) on appeal from a May 2013 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The Board previously remanded the above issue in March 2019 to provide a VA examination to address the Veteran's right leg pain. The case has since been returned to the Board for appellate review. While the Board regrets further delay, another remand is necessary to ensure substantial compliance with the March 2019 remand directives. See Stegall v. West, 11 Vet. App. 268 (1998). Entitlement to service connection for a right leg disability (claimed as bilateral leg condition) is remanded. The Veteran contends that she suffers from a right leg condition related to her active duty service. The March 2019 Board remand acknowledged the Veteran's treatment records reported complaints of right leg pain. The Board remanded to provide a medical opinion addressing the Veteran's right leg pain as it relates to the Veteran's functional limitation. The term "disability" as used in 38 U.S.C. § 1110 "refers to the functional impairment of earning capacity, not the underlying cause of said disability." See Saunders v. Wilkie, 886 F.3d 1356, 1368 (Fed. Cir. 2018). Accordingly, the March 2019 remand directives requested a medical examination to determine all diagnoses related to the Veteran's right leg, and if only pain was identified, the examiner must indicate whether the Veteran's reported leg pain caused any functional impairment. The Veteran underwent a VA knee examination in October 2019. After review of the Veteran's available medical history, physical examinations, and x-ray reports, the VA examiner provided that no specific pathologic diagnosis pertaining to the right leg condition was possible. Further, the VA examiner noted the Veteran's right leg was asymptomatic. No additional evaluation of the Veteran's right leg pain was given, although the examiner provided an assessment of the Veteran's functional impairment of the Veteran's left leg. A remand by the Board confers on the Veteran, as a matter of law, the right to compliance with the remand orders. Stegall v. West, 11 Vet. App. 268, 271 (1998). Where the remand orders of the Board are not complied with, the Board itself errs in failing to ensure compliance. Id. Here, the October 2019 addendum opinion failed to address the Veteran's complaints of right leg pain found in VA treatment records, and only provided a medical opinion for the Veteran's functional impairment associated with the left leg disability. As such, the Board finds this case must be remanded to provide an addendum medical opinion in compliance with the March 2019 remand instructions. Further, the Board emphasizes that service connection may be warranted if evidence shows a disability was present at any point during the claim period, and thus an addendum VA medical opinion is required to address the Veteran's lay evidence of right knee pain during the pendency of the Veteran's claim for service connection. See McClain v. Nicholson, 21 Vet. App. 319 (2007); see also Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007). The matters are REMANDED for the following action: Obtain an addendum opinion from the examiner who provided the October 2019 medical opinion, or, if not available, another appropriately qualified VA medical professional. If the examiner deems it necessary, afford the Veteran a VA examination. The examination may be conducted via telehealth or similar service during the social distancing restrictions of the COVID-19 pandemic. Provide the claims file, including a copy of this REMAND, to the examiner for review. After reviewing the claims file, the examiner should opine as to whether the Veteran's reported right leg pain caused functional impairment of earning capacity. If the examiner determines the Veteran's right leg pain rises to the level of functional limitation, the examiner shall opine whether it is at least as likely as not (50 percent probability or more) that such disability/impairment had its onset during service or is otherwise related to service. The examiner must provide a comprehensive report including a clearly stated rationale for any opinions offered and conclusions reached, citing the objective medical findings leading to the conclusions, and must not be based solely on the lack of records. In this regard, the Board emphasizes that the Veteran is competent to report her symptoms and history of right leg pain, and such statements by the Veteran regarding symptomatology and medical history must be specifically acknowledged and considered in formulating any opinions concerning the onset and severity of her disability. If such reports are rejected by the examiner, a reason for doing so must be provided. JENNIFER HWA Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A.V. Bona, Associate Counsel The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.