Citation Nr: 21042382 Decision Date: 07/12/21 Archive Date: 07/12/21 DOCKET NO. 15-01 438 DATE: July 12, 2021 REMANDED Entitlement to service connection for a left foot disorder is remanded. Entitlement to service connection for a right knee disorder is remanded. Entitlement to service connection for a right foot disorder is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Marine Corps from October 1994 to October 1998. Entitlement to service connection for a left foot disorder; entitlement to service connection for a right foot disorder; and entitlement to service connection for a right knee disorder are remanded. In its February 2021 Remand, the Board requested that the Veteran undergo new VA examinations to assess the etiology of his left foot disorder, right foot disorder, and right knee disorder, finding that August 2019 VA opinions were inadequate because the VA examiner did not address the Veteran's lay statements of in-service symptoms which he experienced continuously since that time. Accordingly, the Board requested new VA opinions which adequately addressed the Veteran's competent lay statements regarding his symptoms. Although the Agency of Original Jurisdiction (AOJ) obtained new VA opinions in March 2021, the VA opinions do not address the Veteran's lay statements, as requested. In fact, the March 2021 VA opinions do not address the Veteran's lay statements regarding his in-service symptoms and continuity of symptomatology whatsoever. RO compliance with remand directives is not optional or discretionary and the Board errs as a matter of law when it fails to ensure remand compliance. Stegall v. West, 11 Vet. App. 268 (1998). Accordingly, remand is again required to obtain new VA opinions addressing the etiology of the Veteran's right knee, right foot, and left foot disorders with due consideration of his competent lay statements. The matters are REMANDED for the following action: Provide the Veteran with new VA examination by an appropriate physician to determine the etiology of all diagnosed right knee, right foot, and left foot disorders. The Veteran's claims file, all electronic records, and a copy of this remand must be reviewed by the examiner, and the examiner must state that this evidence was reviewed in the examination report. All pertinent symptomatology and findings must be reported in detail. All indicated tests and studies must be accomplished. Based upon a complete review of the evidence of record, the VA examiner must state whether it is at least as likely as not (i.e., a 50 percent probability or more) that any right knee disorder, right foot disorder, or left foot disorder, currently diagnosed or diagnosed during the pendency of the appeal, was caused or incurred as a result of the Veteran's active duty service. A complete rationale for all opinions must be provided. The examiner must consider and discuss all pertinent evidence in the claims file, to include the Veteran's lay statements regarding in-service and post-service symptomatology. Specifically, the examiner must discuss the Veteran's lay statement indicating that he developed increasing pain in the right knee during active duty service which has persisted since that time and his lay statement that he developed increasing pain in the feet during active duty service which has persisted since that time. The examiner is advised that the Veteran is competent to report such symptoms, as they are capable of lay observation. ANTHONY C. SCIRÉ, JR Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Katz, 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.