Citation Nr: 1321677	
Decision Date: 07/08/13    Archive Date: 07/18/13

DOCKET NO.  09-20 733	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office
in Columbia, South Carolina


THE ISSUES

1.  Entitlement to service connection for a right knee disability.

2.  Entitlement to service connection for a left knee disability.


REPRESENTATION

Veteran represented by:	The American Legion


ATTORNEY FOR THE BOARD

L. J. N. Driever



INTRODUCTION

The Veteran had active duty from July 1985 to August 2007.  

These claims come before the Board of Veterans' Appeals (Board) on appeal of a September 2007 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Columbia, South Carolina.   

The Veteran also initiated an appeal of the RO's September 2007 rating decision denying service connection for a lumbar spine disability (claimed as back pain), but after the RO issued a statement of the case (SOC) on that issue, the Veteran did not perfect her appeal by submitting a VA Form 9 (Appeal to Board of Veterans' Appeals) or any other document that could be construed as a substantive appeal.  

In a May 2009 VA Form 9 and an August 2009 written statement, the Veteran requested a hearing before the Board.  The RO acknowledged this request by letter dated August 2009, but the Veteran failed to report.  Because she did not request a postponement of the hearing, the Board considers her hearing request withdrawn under 38 C.F.R. § 20.702(d) (2012).  

The Virtual VA paperless claims processing system (Virtual VA) includes the representative's June 2013 Appellate Brief Presentation, which contains information already of record (a list of the Veteran's service awards), but no other pertinent evidence for consideration in support of these claims.  

This 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 claims that she began to experience knee pain in 1989 and received treatment from 1989 to 2007, including at the Great Lakes Naval Base and in Germany.  She points out that her service treatment records document right and left knee disabilities and show that, due to those disabilities, she was placed on a running profile during service.  She contends that she continues to have pain in her knees and stiffness and swelling and contends her disability results from active duty.     

In a notice letter dated September 2007, the RO requested that the Veteran identify all pertinent outstanding treatment records that needed to be secured in support of her claim.  The Veteran did not initially respond, hindering VA's ability to assist her.  In a VA Form 9 (Appeal to Board of Veterans' Appeals) dated July 2009, however, she wrote that she had had numerous appointments with her primary physician for the purpose of receiving treatment for knee pain.  Records of this treatment are pertinent to the claims on appeal and must be secured.

Accordingly, these claims are REMANDED for the following action:

1.  After obtaining any necessary authorization, secure and associate with the claims file records of the knee treatment to which the Veteran referred in her 
VA Form 9 and any other pertinent treatment rendered since her 2007 discharge from service.

2. Reexamine all of the evidence of record, and determine if the Veteran should be afforded any VA medical examination(s). If so, conduct those examinations. 

2.  Readjudicate these claims based on all of the evidence of record.  If either benefit sought on appeal is not granted to the Veteran's satisfaction, issue a supplemental statement of the case.  List the additional evidence the RO considered and identify the relevant actions the RO took and the evidence and applicable law and regulations it considered in support of the appeal. Allow an appropriate period of time for a response. If either of the claims are not allowed, and subject to current appellate procedure, return this case to the Board for further consideration.

The Veteran has the right to submit additional evidence and argument on the remanded claims.  Kutscherousky v. West, 12 Vet. App. 369 (1999).

This claim must be afforded expeditious treatment.  See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2012).



_________________________________________________
Vito A. Clementi
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).