09-11 971, 09-11 971

Veteran served on active duty Feb 1975–Feb 1978 and on active Duty with the NJ Army National Guard Jan 2004–Mar 2005; served in Southwest Asia (Gulf War).
Veteran seeks service connection for right and left knee disorders; appeal from Feb 2008 RO rating decision.
Prior VA exams: August 2010 and February 2013 show mild right knee degenerative joint disease; Feb 2011 x‑rays show left knee arthritis with small joint effusion; May 2015 VA exam gave a negative nexus opinion based on a normal knee exam.
Veteran missed Board hearings and failed to appear for a February 2016 VA examination without good cause; hearing request deemed withdrawn.
Board found the existing negative nexus opinion inadequate given later and contemporaneous abnormal findings and remanded for an addendum opinion based on the full record (no new exam), considering in‑service complaints and post‑deployment assessment noting swollen/stiff/painful joints.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Entitlement to service connection for right knee disorder	Knee arthritis is related to in‑service events/symptoms and Gulf War service; PDHA noted swollen/stiff/painful joints	Prior VA opinion concluded no nexus based on a reportedly normal exam; procedural gaps from missed hearings/exam	Remanded — Board orders VA addendum opinion addressing whether current knee arthritis is at least as likely as not related to service, with rationale and record review
Entitlement to service connection for left knee disorder	Left knee arthritis is related to in‑service events/symptoms and Gulf War service; lay statements and post‑deployment assessment support continuity	Prior negative nexus opinion relied on normal exam; record contains imaging showing arthritis/effusion	Remanded — same addendum opinion requested to address nexus for left knee, considering in‑service and post‑service evidence

McClain v. Nicholson, 21 Vet. App. 319 (2007) (a current disability for service connection may be established by disability that exists at time of filing or during the pendency of a claim)
Kutscherousky v. West, 12 Vet. App. 369 (1999) (appellant may submit additional evidence after a remand and before further adjudication)