Citation Nr: 0810644 Decision Date: 04/01/08 Archive Date: 04/14/08 DOCKET NO. 05-02 067 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Atlanta, Georgia THE ISSUES 1. Entitlement to service connection for a right knee disorder. 2. Entitlement to service connection for a left shoulder disorder. REPRESENTATION Appellant represented by: Georgia Department of Veterans Services ATTORNEY FOR THE BOARD Paul S. Rubin, Associate Counsel INTRODUCTION The veteran had active military service from April 1981 to April 2001. This appeal to the Board of Veterans' Appeals (Board) arose from a June 2003 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Atlanta, Georgia. The Board is remanding this case to the RO via the Appeals Management Center (AMC) in Washington, DC. REMAND Before addressing the merits of the claims at issue, the Board finds that additional development of the evidence is required. First, a remand is required for the RO (AMC) to attempt to obtain outstanding medical records from the Winn Army Community Hospital at Fort Stewart, Georgia. The veteran indicates he has received post-service medical treatment at this facility from March 2001 to the present for right knee and left shoulder disorders. The AMC asked him to complete and return the necessary authorization (VA Form 21-4142) for VA to obtain these records, although it is unclear if such authorization was actually required. In this regard, VA is generally required to make reasonable efforts to assist a claimant in obtaining evidence necessary to substantiate the claim. 38 U.S.C.A. § 5103A(a) (West 2002). VA is required to obtain relevant records held by any Federal department or agency that the claimant adequately identifies and authorizes VA to obtain, if such authorization from the veteran is in fact required from the facility in question. 38 U.S.C.A. § 5103A(c)(3); 38 C.F.R. § 3.159(c)(2). Because any record of post-service treatment for his right knee and left shoulder, especially shortly after his military service ended, would be relevant to his claims, the AMC should attempt to obtain these records. If Winn Army Community Hospital specifically requires authorization from the veteran in order to obtain these records, ask the veteran to complete and return the necessary authorization (VA Form 21-4142) for VA to obtain these records. If these records no longer exist, the AMC must make this express declaration to confirm that further attempts to obtain them would be futile. The veteran also has to be apprised of this. Second, the veteran must be scheduled for a VA examination to obtain a medical opinion concerning the etiology of any current right knee and left shoulder disorders on the basis of in-service incurrence. 38 U.S.C.A. § 5103A(d) and 38 C.F.R. § 3.159(c)(4). See also McLendon v. Nicholson, 20 Vet. App. 79 (2006). Accordingly, this case is REMANDED for the following development and consideration: 1. Obtain the records of any medical treatment dated from March 2001 to the present for the veteran's right knee and left shoulder from the Winn Army Community Hospital at Fort Stewart, Georgia. If and only if this facility specifically requires authorization from the veteran in order to obtain these records, ask the veteran to complete and return the necessary authorization (VA Form 21-4142) for VA to obtain these records. All attempts to secure these records, and any response received, must be documented in the claims file. If no records are available, a response to that effect is required and should be documented in the file. 2. Then arrange for the veteran to undergo an appropriate VA examination to determine the nature and etiology of any current right knee and left shoulder disorders. He is hereby advised that failure to report for his scheduled VA examination, without good cause, may have adverse consequences on these claims. The examination should include any diagnostic testing or evaluation deemed necessary. And the claims file must be made available for review of his pertinent medical and other history - including, in particular, the records of any relevant treatment. The examination report must state whether such review was accomplished. Based on a physical examination and comprehensive review of the claims file, the examiner is asked to indicate whether it is at least as likely as not (50 percent or more probable) that any current right knee and left shoulder disorders are attributable to the veteran's military service from April 1981 to April 2001. The term "at least as likely as not" does not mean merely within the realm of medical possibility, but rather that the weight of medical evidence both for and against a conclusion is so evenly divided that it is as medically sound to find in favor of that conclusion as it is to find against it. The examiner should discuss the rationale of the opinion, whether favorable or unfavorable, based on the findings on examination and information obtained from review of the record. If the examiner is unable to provide the requested opinion, please expressly indicate this and discuss why this is not possible or feasible. 3. Then readjudicate the claims in light of any additional evidence obtained. If these claims are not granted to the veteran's satisfaction, send him and his attorney a supplemental statement of the case (SSOC) and give them an opportunity to respond to it before returning the file to the Board for further appellate consideration of these claims. The veteran has the right to submit additional evidence and argument concerning the claims the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). These claims must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board 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). _________________________________________________ KEITH W. ALLEN 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).