Citation Nr: 18141022
Decision Date: 10/09/18	Archive Date: 10/09/18

DOCKET NO. 15-15 745
DATE:	October 9, 2018
REMANDED
Entitlement to service connection for a right knee disability to include as secondary to service connected left knee disability is remanded.
REASONS FOR REMAND
The Veteran served on active duty from May 1985 to August 1985; July 2003 to May 2004; September 2005 to July 2007; April 2009 to August 2010; and from April 2011 to July 2012. 
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2014 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Paul, Minnesota.  
The Veteran provided testimony at a hearing before the undersigned Veterans Law Judge (VLJ) in June 2018. A transcript of this hearing is of record. 
1. Entitlement to service connection for a right knee to include as secondary to a left knee disability is remanded.
The Veteran contends that his right knee disability is secondary to his service connected left knee disability. Specifically, he states that his left knee disability caused him to favor his right knee and put more stress on his right knee over time, causing arthritis and affecting his gait. See June 2018 Hearing transcript.  
In an August 2018 correspondence, the Veteran’s representative indicated that the Veteran had additional medical records and opinion from his treating orthopedic doctor pertinent to his pending appeal for his right knee condition. She asked for VA’s assistance in obtaining this evidence. Since these outstanding treatment records may support the Veteran’s claim for service connection for right knee disability, a remand is required to allow VA to attempt to obtain these records. See 38 C.F.R. § 3.159 (c)(1) (2018).
Further, on review, the report of the April 2016 VA examination is incomplete. The examiner squarely addressed the question of whether the Veteran’s right knee disability was proximately due to or the result of his service connected left knee disability. However, there was no discussion with respect to aggravation. See El Amin v. Shinseki, 26 Vet. App. 136, 140 (2013).
The matter is REMANDED for the following action:
1. Contact the Veteran, and with his assistance, identify any outstanding VA or non-VA treatment records relevant to the remanded claims. After obtaining any necessary authorization from the Veteran, all outstanding records should be obtained, to include treatment records. 
2. Thereafter, obtain an addendum opinion. The claims file, to include this remand, must be reviewed by the examiner and such review should be noted in the examination report.  The following should be addressed: 
a.	Whether it at least as likely as not (50 percent or greater probability) that any currently diagnosed right knee disorder is etiologically related to active service? The examiner should specifically address the question of whether the stresses and strains of active duty, to include carrying excess weight from supplies and body armor, caused his current right knee arthritis.
b.	Whether it is at least as likely as not (50 percent or greater probability) that any right knee disorder was caused by his service-connected left knee disability.
c.	Whether it is at least as likely as not (50 percent or greater probability) that any right knee disorder was aggravated (worsened) by his service-connected left knee disability. 
In addressing questions (b) and (c), the examiner is asked to comment on affect the Veteran’s gait has on his left knee.
 
MICHAEL A. HERMAN
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	T. Grzeczkowicz, Associate Counsel