Citation Nr: 1322902 Decision Date: 07/18/13 Archive Date: 07/24/13 DOCKET NO. 09-45 725 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Waco, Texas THE ISSUES 1. Entitlement to service connection for back disability. 2. Entitlement to service connection for left knee disability. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD C. Lawson, Counsel INTRODUCTION The Veteran served on active duty from September 2003 to February 2005. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a January 2009 rating decision by a Regional Office (RO) of the Department of Veterans Affairs (VA). A notice of disagreement was received in February 2009, a statement of the case was issued in October 2009, and a substantive appeal was received in November 2009. The Veteran also filed a notice of disagreement regarding other issues in February 2009. However, after the issuance of the statement of the case in October 2009, she did not perfect appeals of those issues. Accordingly, they are not for appellate consideration. 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 Under 38 C.F.R. § 3.159, VA has a duty to assist a claimant in obtaining relevant evidence, and to examine a claimant when necessary. An examination is necessary when the record does not contain sufficient evidence to decide the claim, but contains competent evidence of a current diagnosed disability or persistent or recurrent symptoms of disability; and establishes that the Veteran suffered an event, injury, or disease in service, or has a disease or symptoms of a disease listed in 38 C.F.R. §§ 3.309, 3.313, 3.315, or 3.317 manifesting during an applicable presumptive period provided the claimant has the required service or triggering event to qualify for that presumption; and indicates that the claimed disability or symptoms may be associated with the established event, injury, or disease in service or whit another service-connected disability. Service treatment records show that the Veteran was treated for left knee and back problems in service, with left patellofemoral pain syndrome being assessed in December 2003 and paraspinal muscle strain assessed in July 2004. She reported in November 2009 that her left knee still hurts most of the time and that she was currently going through physical therapy for her back. There had been a VA examination in December 2008, which did not find back or knee problems, and no post-service treatment reports of record show treatment for either back or left knee problems. However, the claims folder was not available at the time of the December 2008 examination, and that examination report did not specifically mention any left knee findings in the examination section. In light of the Veteran's November 2009 revelations, the Board finds that the RO should obtain all additional relevant post-service medical records of treatment which the Veteran has received for either disorder, and then examine her as indicated below, as part of VA's duty to assist her with her claims under 38 C.F.R. § 3.159 (2012). Accordingly, the case is REMANDED for the following action: 1. After obtaining any necessary authorizations, make arrangements to obtain any additional post-service medical records of treatment the Veteran has received for back or left knee problems, including (1) for physical therapy of the back in or around November 2009; and (2) relevant VA treatment records developed since December 2009. 2. After the above record development is completed, the Veteran should be scheduled for a VA orthopedic examination with regard to her claims for service connection for back and left knee disability. It is imperative that the claims file be made available to the examiner for review in connection with the examination. a. The examiner should provide a clear diagnosis for all current back and left knee disorders; and b. As to each back and left knee disorder diagnosed, the examiner should indicate whether it at least as likely as not (a 50% or higher degree of probability) that such diagnosis is related to service, including any of the manifestations noted in the Veteran's service treatment records in December 2003 and July 2004. The examiner should furnish reasons for all opinions provided. 3. Thereafter, the RO should review the expanded record and undertake a merits analysis of the claims. If either claim remains denied, the Veteran and her representative should be furnished a supplemental statement of the case and given the opportunity to respond thereto. The case should then be returned to the Board for appellate review. The appellant 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. 2012). _________________________________________________ M. C. GRAHAM Acting 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).