Citation Nr: 1329590 Decision Date: 09/16/13 Archive Date: 09/20/13 DOCKET NO. 12-31 388 ) 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. REPRESENTATION Appellant represented by: Florida Department of Veterans Affairs ATTORNEY FOR THE BOARD J. Castillo, Associate Counsel INTRODUCTION The Veteran served on active duty from July 1977 to July 1982 and July 1982 to February 1984. This matter is before the Board of Veterans' Appeals (Board) on appeal of a November 2011 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO), which denied service connection for a right knee disability. The Veteran raised an informal claim of entitlement to a total disability rating based on individual unemployability (TDIU) due to his non-service-connected disabilities, to include the knee disability presently before the Board (see October 2012 VA Form 9). The issue of entitlement to a TDIU is referred to the RO for appropriate action. 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 current right knee disability was incurred or aggravated during his military service. A June 1977 enlistment examination noted a pre-existing knee disability. A June 1982 re-enlistment examination noted additional deformity of the right leg and prominence of the right patella. As the evidence of record indicates that symptoms of right knee disability "may be" aggravated by service, a VA examination is necessary and remand is required. McLendon v. Nicholson, 20 Vet. App. 79 (2006). Accordingly, the case is REMANDED for the following action: 1. Schedule the Veteran for a VA examination by an appropriate medical professional. The entire claim file (i.e., the paper claim file and any medical records contained in Virtual VA, CAPRI, and AMIE) must be reviewed by the examiner. If the examiner does not have access to Virtual VA, any relevant treatment records contained in the Virtual VA file that are not available on CAPRI or AMIE must be printed and associated with the paper claim file so they can be available to the examiner for review. In light of the preexisting knee disability noted on the Veteran's June 1977 enlistment examination, the knee disability noted on the Veteran's June 1982 re-enlistment examination, and medical history noted throughout the VA medical treatment records the examiner is to: (a) Diagnose all current right knee disabilities and provide an opinion as to each as to whether they existed at the time of entrance or were incurred during service. (b) As to any disabilities which existed at the time of entrance, provide an opinion as to whether they were aggravated during service beyond the natural progression of the preexisting disability. The examiner is advised that the term "aggravated" means a permanent increase in the claimed disability; that is, an irreversible worsening of the condition beyond the natural clinical course and character of the condition due to the service-connected disability as contrasted to a temporary worsening of symptoms. The examination report must include a complete rationale for all opinions expressed. If the examiner feels that any requested opinion cannot be rendered without resorting to speculation, the examiner must state whether the need to speculate is caused by a deficiency in the state of general medical knowledge (i.e. no one could respond given medical science and the known facts) or by a deficiency in the record or the examiner (i.e. additional facts are required, or the examiner does not have the needed knowledge or training). 2. Then, readjudicate the appeal. If the benefit sought remains denied, issue a Supplemental Statement of the Case and return the case to the Board. 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). _________________________________________________ RONALD W. SCHOLZ 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).