Citation Nr: 1323469 Decision Date: 07/23/13 Archive Date: 08/01/13 DOCKET NO. 10-12 788 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUE Entitlement to service connection for a right knee disability to include as secondary to service-connected right ankle peroneal tendon exploration with stabilization. REPRESENTATION Appellant represented by: Florida Department of Veterans Affairs WITNESS AT HEARING ON APPEAL Veteran ATTORNEY FOR THE BOARD J. Connolly, Counsel INTRODUCTION The Veteran served on active duty from May 1994 to May 2008. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a December 2008 decision of the St. Petersburg, Florida, Regional Office (RO) of the Department of Veterans Affairs (VA). In October 2012, the Veteran testified before the undersigned at a Travel Board hearing at the RO. In February 2013, the Board remanded this case. 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 Unfortunately, a remand is required in this case. Although the Board sincerely regrets the additional delay, it is necessary to ensure that there is a complete record upon which to decide the Veteran's claim so that the Veteran is afforded every possible consideration. The Board previously remanded this case for the Veteran to provide medical releases in order to obtain his private medical records. In addition, he was scheduled for a VA examination and opinion. The Veteran did not report for his examination because he was out of the country. His representative recently informed VA that he will briefly return and would like to be scheduled for an examination. In addition, he submitted a medical release for VA to obtain medical records from Florida Sports Medicine and Orthopedics and listed his named physician at that facility. The AMC/RO has not had the opportunity to request those records since the release for the records was provided to the Board. In light of the foregoing, the private records should be requested. In addition, the Veteran should be scheduled for another VA examination. A medical opinion should be rendered based on the record in any event. Accordingly, the case is REMANDED for the following action: 1. Obtain and associate with the record copies of all clinical records of the Veteran's treatment at Florida Sports Medicine and Orthopedics and his named physician at that facility, per his recent VA Form 21-4142, received in May 2013. 2. Schedule the Veteran for a VA examination in August 2013 if possible to determine the nature and etiology of any current right knee disability. The contact letter which informs the Veteran of the scheduled examination should be made a part of the record. Any indicated tests, including X-rays if indicated, should be accomplished. The examiner should review the record prior to examination. In the event that the Veteran does not report for his examination, the following opinion should still be provided by the examiner: The examiner should provide an opinion as to whether it is more likely than not, less likely than not, or at least as likely as not, that any current right knee disability had its clinical onset during service, if arthritis was manifest in the initial post-service year, or if any current right knee disability is related to any in-service disease, event, or injury, to include, but not limited to, a Baker's Cyst and degenerative joint disease. The examiner should reference the findings in the STRs relative to right knee symptoms, including the September 21, 2007 report where the Veteran complained of having right knee pain occurring with his right ankle pain, as well as right knee joint pain complaints made by the Veteran on January 9, 2008 and at separation on May 7, 2008. If the Veteran's current right knee disability did not have its onset during service or the initial post-service year, the examiner should provide an opinion as to whether it is more likely than not, less likely than not, or at least as likely as not, that any current right knee disability is proximately due to, or the result of, the service-connected right ankle disability. The examiner should also provide an opinion as to whether it is more likely than not, less likely than not, or at least as likely as not, that any current right knee disability is permanently aggravated by the Veteran's service-connected right ankle disability. The examiner should provide a complete rationale for all opinions expressed and conclusions reached. 3. The AMC should review the medical opinion obtained above to ensure that the remand directives have been accomplished. If all questions posed are not answered or sufficiently answered, AMC should return the case to the examiner for completion of the inquiry. 4. The AMC should then readjudicate the claim on appeal in light of all of the evidence of record. If the issue remains denied, the Veteran should be provided with a supplemental statement of the case as to the issue on appeal, and afforded a reasonable period of time within which to respond thereto. 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 2002 & Supp. 2012). _________________________________________________ K. PARAKKAL Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002 & Supp. 2012), 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).