Citation Nr: 1321074 Decision Date: 07/01/13 Archive Date: 07/12/13 DOCKET NO. 11-06 242 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in St. Louis, Missouri THE ISSUE Entitlement to service connection for a bilateral knee disability. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States ATTORNEY FOR THE BOARD J. Young, Associate Counsel INTRODUCTION The Veteran served on active duty in the Army from November 1965 to November 1967. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a May 2010 rating decision by a Regional Office (RO) of the Department of Veterans Affairs (VA) in St. Louis, Missouri. 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 contends that his knee disability is related to active military service, to include a specific injury that occurred in September 1967 and the general physical demands of this military occupation specialty. See Veteran's January 2010 claim and May 2010 Notice of Disagreement. His service treatment records (STRs) include a report of bilateral knee pain with palpable click of the medial aspect of both knees in September 1967, but no diagnosis. In a February 2010 letter, the Veteran's private physician (Dr. M. G.) stated that he had treated the Veteran since 2007 and it was his impression that "the [Veteran] does have degenerative joint disease most likely partly due to his years in service, but not exclusively due to this." There are no related treatment records from Dr. M. G. They should be obtained on remand. 38 C.F.R. § 3.159(c)(3) (2012). The report of an April 2010 VA examination included the examiner's opinion that it is "less likely as not" that the Veteran's knee arthritis is related to service because chronicity of symptoms and continuity of treatment have not been established. The basis of the examiner's opinion is inadequate because does not appear to have been any consideration of the Veteran's lay statements regarding continuous symptoms since service. Thus, another examination is required. Barr v. Nicholson, 21 Vet. App. 303 (2007); 38 C.F.R. § 3.159(c)(4). Accordingly, the case is REMANDED for the following action: 1. Obtain the names and addresses of all medical care providers who have treated the Veteran for his knee disability since service. After securing the necessary release, obtain these records. 2. After completion of the foregoing, schedule the Veteran for an appropriate VA examination to determine the current nature and likely etiology of his knee disability. The Veteran's claims file, including a copy of this Remand, must be made available to the examiner for review in connection with the examination. Based on the examination and review of the record, the examiner should offer an opinion as to whether it is at least as likely as not (50 percent or greater probability), that any diagnosed knee disability had a clinical onset in service or is otherwise related to service. The examiner should address the February 2010 statement from DR. M.G. A complete rationale should be given for opinions and conclusions expressed. If the examiner cannot provide an opinion without resort to speculation, the examiner should provide an explanation as to why this is so and note what, if any, additional evidence would permit such an opinion to be made. 3. Then, readjudicate the claim on appeal. If the benefit sought on appeal is not fully granted, issue a supplemental statement of the case before returning to the Board, if otherwise in order. The appellant has the right to submit additional evidence and argument on the matter 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. 2012). _________________________________________________ M. E. LARKIN 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).