Citation Nr: 1318586	
Decision Date: 06/07/13    Archive Date: 06/11/13

DOCKET NO.  09-39 975	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in San Diego, California


THE ISSUE

Entitlement to service connection for a bilateral knee disability.


REPRESENTATION

Appellant represented by:	Disabled American Veterans


ATTORNEY FOR THE BOARD

A. G. Alderman, Counsel


INTRODUCTION

The Veteran served on active duty from July 2000 to February 2008.

This case comes before the Board of Veterans' Appeals (Board) on appeal from a February 2008 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in San Diego, California.


REMAND

Service treatment records (STRs) show that the Veteran sought treatment for knee pain on multiple occasions.  STRs include a diagnosis of chondrocalcinosis in October 2007 and note patellofemoral syndrome as a medical problem in December 2007.

In January 2008, while still in service, the Veteran had a VA examination.  While the VA examiner diagnosed bilateral patellofemoral pain, he did not provide a clear diagnosis of an underlying bilateral knee disorder.  Generally, pain alone is not subject to service connection absent an underlying disability.  Sanchez- Benitez v. West, 13 Vet. App. 282, 285 (1999) (appeal dismissed in part, and vacated and remanded in part, sub nom).  Sanchez-Benitez v. Principi, 239 F.3d 1356 (Fed. Cir. 2001).

Since the VA examination and his separation from service, the Veteran has continued to report bilateral knee symptomatology.  Accordingly, the Board finds that a remand is warranted for the scheduling of a new VA examination to determine whether the Veteran has a bilateral knee disorder that originated in service or is otherwise related to service.

While the case is in remand status, appropriate development to obtain any outstanding records pertinent to the Veteran's claim should also be completed.

Accordingly, this case is REMANDED to the RO or the Appeals Management Center (AMC), in Washington, D.C., for the following actions:

1.  The RO or the AMC should undertake appropriate development to obtain any other outstanding, pertinent medical records.

2.  Then, the Veteran should be afforded a VA examination by an examiner with sufficient expertise to determine the nature and etiology of any knee disorders that have been present since the Veteran's discharge from service.  The Veteran's claims file and any pertinent evidence in Virtual VA that is not contained in the claims file should be made available to and reviewed by the examiner.  Any indicated studies must be performed.

Based on the examination results and the review of the record, the examiner should provide an opinion with respect to each knee disorder present during the period of the claim as to whether there is a 50 percent or better probability that the disorder is etiologically related to the Veteran's active service, to specifically include the Veteran's documented knee complaints and diagnoses during active service.  The examiner should presume that the Veteran is a reliable historian with regard to his reports of continuity of bilateral knee pain since his active service.

The supporting rationale for all opinions expressed must be provided.  If the examiner is unable to provide any required opinion, he or she should explain why.

3.  The RO or the AMC should undertake any other development it determines to be warranted.

4.  Then, the RO or the AMC should readjudicate the Veteran's claims on appeal.  If the benefits sought on appeal are not granted to the Veteran's satisfaction, a Supplemental Statement of the Case should be furnished to the Veteran and his representative and they should be afforded the requisite opportunity to respond.  Thereafter, if indicated, the case should be returned to the Board for further appellate action.

By this remand, the Board intimates no opinion as to any final outcome warranted.

The Veteran need take no action until he is otherwise notified, but he may furnish additional evidence and/or argument during the appropriate time frame.  See Kutscherousky v. West, 12 Vet. App. 369 (1999).

This case 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. 2012).



_________________________________________________
Shane A. Durkin
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) (2012).