Citation Nr: 22012262 Decision Date: 03/03/22 Archive Date: 03/03/22 DOCKET NO. 15-13 150 DATE: March 3, 2022 REMANDED Service connection for right knee disorder is remanded. REASONS FOR REMAND SC right knee The Veteran served on active duty in the United States Army from June 1974 to June 1977. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2013 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO). In March 2018, the Veteran appeared at a hearing before the undersigned Veterans Law Judge. This case was previously before the Board in February 2019 and January 2021 and remanded for additional development. In addition, the Board acknowledges that in December 2021, the Veteran's representative filed a written statement stating that he received the November 5, 2021 notification letter on December 14, 2021, after the 30 days response deadline in the letter. The Veteran seeks service connection or secondary service connection for his right knee disorder. In support, he reported that his right knee condition is due to his service-connected left knee disorder. See VA medical examination (October 2020). In February 2019 the Board remanded this issue with instructions for the examiner to determine the onset and etiology of any functional impairment in his right knee. In October 2020, the Veteran was provided a VA examination and the examiner stated that the Veteran's right knee condition is less likely related to service. Id. Further, in January 2021, the Board granted service connection for the Veteran's left knee disorder and remanded the issue of right knee condition since the Veteran's last examination did not discuss any relation, cause or aggravation by his now service-connected left knee condition to his right knee condition. The Board acknowledges that the RO stated that the Veteran was a no show for his scheduled examination and that he reported that he would like for VA to process the claim with the examination done in October 2020. Subsequently, the RO adjudicated the issue and denied the claim on appeal. See SSOC (December 2021). However, the Board finds the RO erred by adjudication the claim without first seeking a medical opinion of the record only to address the Veteran's contention that his right knee condition is related, caused, and aggravated by his service-connected left knee condition. Indeed, the January 2021 Board's remand instructions, stated that this medical opinion is necessary to further adjudicate this appeal and if an in-person exam was not feasible it can be done by telehealth or review of record. See Stegall v. West, 11 Vet. App. 268, 271 (1998). Therefore, the Board finds it necessary for another remand and a new medical opinion, with or without the Veteran's presence, to determine if the Veteran's service-connected left knee condition causes or aggravates the Veteran's right knee condition. Additionally, the examiner must provide a complete rationale explaining his or her findings and conclusions. As there are no adequate examination to determine if the Veteran's right knee condition is related, caused, aggravated or proximately due by his service-connected left knee condition, a remand is necessary to have the Veteran examined and for an examiner to review his claims folder and provide opinions necessary to adjudicate this appeal. The matter is REMANDED for the following action: 1. Schedule a VA examination (or telehealth interview, review of the record, etc. if an in-person examination is not feasible). 2. The examiner must opine as to whether it is at least as likely as not that the Veteran's service-connected left knee condition causes, proximately due or aggravates his right knee condition. 3. In offering this opinion, the examiner should take into consideration the Veteran's documented complains of pain, functional impairment and any other medical or lay evidence of his right knee been caused, related, aggravated or proximately due by his service-connected left knee condition. The examiner must provide a complete rationale. STEVEN D. REISS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Alvarado- 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.