Citation Nr: 0809951 Decision Date: 03/26/08 Archive Date: 04/09/08 DOCKET NO. 05-16 769 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Waco, Texas THE ISSUE Entitlement to service connection for left knee injury residuals. REPRESENTATION Appellant represented by: Texas Veterans Commission ATTORNEY FOR THE BOARD L.M. Barnard, Senior Counsel INTRODUCTION The veteran served on active duty from May 14 to September 17, 1974. This appeal arose before the Board of Veterans'Appeals (Board) from an October 2004 rating decision of the Department of Veterans' Affairs (VA) Regional Office (RO), which denied entitlement to the requested benefit. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the appellant if further action is required. REMAND The veteran's service medical records show that his lower extremities were normal at service entry, although a preservice, October 1973 football injury to the left knee was noted. During service, he had multiple complaints of left knee pain with running and walking; chrondomalacia was subsequently diagnosed. He was also placed on two physical profiles. A July 26, 1974, X-ray revealed that Osgood's- Schlatter's disease that was not clinically confirmed; he was instead diagnosed as having left knee chondromalacia. Following service, he was treated at a private facility in July 2004 for pneumonia; the medical history noted the surgical repair of left knee cartilage. The veteran, who acknowledges having left knee problems prior to service, asserts service connection is warranted because the condition was aggravated during or as a consequence of his military service. To date, he has not been afforded a VA examination, and under the circumstances, the Board finds that an examination is necessary to determine the likelihood that the veteran has a left knee disability that is related to service. See 38 C.F.R. § 3.159(c)(4) (2007). The veteran must be informed of the importance of reporting to the scheduled examination and of the consequences of failing to so report. See 38 C.F.R. § 3.655 (2007). Accordingly, the case is REMANDED for the following action: 1. Afford the veteran an appropriate VA examination. The claims folder, to include the service medical records, must be made available to the examiner to review in conjunction with the examination, and the examination report must indicate that the claims folder was so reviewed. The examiner must render an opinion as to the likelihood that the veteran had a pre-existing left knee disability. If the examiner concludes in the affirmative, the examiner must state whether it is at least as likely as not (that is, at least a 50-50 degree of probability) that the veteran's period of service aggravated any preexisting left knee disorder beyond its natural progression. If the examiner concludes that the veteran did not have a left knee disability prior to service, he or she must opine as to whether it is at least as likely as not the condition is related to or had its onset during service. All special studies deemed necessary to render this opinion must be performed. The examiner must discuss the veteran's report of a continuity of symptoms and provide a complete rationale for all opinions expressed. 2. Once the above-requested development has been completed, the veteran's claim for service connection for the residuals of a left knee injury must be readjudicated. If the decision remains adverse to the veteran, he and his representative must be provided with an appropriate supplemental statement of the case and be given an opportunity to respond. The case should then be returned to the Board for further appellate consideration, if otherwise in order. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2007). _________________________________________________ STEVEN D. REISS Acting Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (2007).