Citation Nr: 1007205 Decision Date: 02/26/10 Archive Date: 03/05/10 DOCKET NO. 08-25 765 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Winston- Salem, North Carolina THE ISSUES 1. Entitlement to service connection for degenerative joint disease of the right hip, status post total hip replacement. 2. Entitlement to service connection for degenerative joint disease of the right knee. REPRESENTATION Veteran represented by: The American Legion WITNESS AT HEARING ON APPEAL Veteran ATTORNEY FOR THE BOARD C. C. Dale, Associate Counsel INTRODUCTION The Veteran had active duty service from June 1979 to June 1982. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a November 2006 rating decision by a Regional Office (RO) of the Department of Veterans Affairs (VA). The Veteran was afforded a Travel Board hearing before the undersigned Veterans Law Judge. The hearing transcript is associated with the record. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the Veteran if further action is required. REMAND The Board finds that the Veteran must be afforded VA examinations for both of his claimed disabilities. VA is obliged to provide an examination when the record contains competent evidence that the claimant has a current disability or signs and symptoms of a current disability, the record indicates that the disability or signs and symptoms of disability may be associated with active service; and the record does not contain sufficient information to make a decision on the claim. 38 U.S.C.A. § 5103A(d); McLendon v. Nicholson, 20 Vet. App. 79 (2006). The Veteran submitted private treatment records showing medical treatment for degenerative arthritis of the right hip and right knee. Dr. M.W. stated that the Veteran's prior history of parachute jumping "contributed" to the degenerative arthritis of the hip. December 2009 treatment notes. Throughout the record and at the Travel Board hearing, the Veteran reported that he completed numerous parachute jumps and participated in extensive running exercises during active service. The record confirms that the Veteran trained as a parachute jumper. See DD 214. He contends that the physical exertions from parachute jumping and running during active duty caused his present right knee and hip disabilities. The Veteran must be afforded a VA examination. The VA examination report will include the present status of Veteran's right knee and right hip; and a medical opinion on whether any present disability of the right knee or right hip is etiologically related to the reported physical trauma during the Veteran's active service. The claims file must be made available for the examiner to review, and the examiner will indicate receipt and review of the claims file in any report generated. All necessary tests and studies must be conducted. Accordingly, the case is REMANDED for the following action: 1. Schedule the Veteran for a VA examination to evaluate his right knee and hip disabilities. The claims file will be made available for the examiner to review, and the examiner must indicate receipt and review of the claims file in any report generated. The examiner is directed to interview the Veteran and perform a clinical examination of his right knee and right hip. All necessary tests and studies must be conducted. Based on a review of the claims file and the clinical findings of the examination, the examiner must provide a medical opinion as to whether it is at least as likely as not (e.g., a 50 percent or greater probability) any right knee or hip disability found on examination is etiologically related to in-service physical trauma, including parachute jumping and running. A complete rationale should be given for all opinions and conclusions expressed in a typewritten report. 2. After completion of the above development, the Veteran's claims of entitlement to service connection for should be readjudicated. If the determination remains adverse to the Veteran, he and his representative should be furnished with a Supplemental Statement of the Case and given an opportunity to respond. The Veteran 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. 2009). _________________________________________________ MARY GALLAGHER 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) (2009).