Citation Nr: 18145514 Decision Date: 10/29/18 Archive Date: 10/29/18 DOCKET NO. 13-08 595 DATE: October 29, 2018 REMANDED Entitlement to service connection for left knee disability is remanded. Entitlement to service connection for right knee disability is remanded. Entitlement to service connection for lumbar sprain and strain, to include as secondary to knee disability, is remanded. Entitlement to an initial evaluation in excess of 30 percent for panic disorder without agoraphobia with depressive disorder is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from June 2002 to August 2002. These matters come before the Board of Veterans’ Appeals (Board) on appeal from a September 2010 rating decision. A videoconference hearing was scheduled to take place in May 2014, with the Veteran scheduled to attend from the Huntington RO. A February 2014 notice to that effect was mailed to the Veteran and a courtesy copy was sent to her representative of record. Still, the Veteran did not appear for her hearing. Neither the Veteran nor her former representative stated any cause for the Veteran’s failure to appear, nor have they asked that a new hearing be scheduled. 1. Entitlement to service connection for left knee disability is remanded. The Board cannot make a fully-informed decision on the issue of service connection for left knee disability because no VA examiner has opined whether the Veteran’s left knee pain is due to service. The July 2010 VA examination noted a decreased range of motion of the left knee with objective evidence of pain with active motion; the Veteran also reported “significant difficulty bending her knees” during flare-ups. Because pain alone may qualify as a disability where there is functional impairment, an additional VA examination is necessary to determine whether the Veteran’s left knee pain is related to service. See Saunders v. Wilkie, 886 F.3d 1356 (Fed Cir. 2018) (holding that the term “disability” as used in 38 U.S.C. 1110 “refers to the functional impairment of earning capacity, not the underlying cause of said disability,” and that “pain alone can serve as a functional impairment and therefore qualify as a disability.”). 2. Entitlement to service connection for right knee disability is remanded. The Board cannot make a fully-informed decision on the issue of service connection for right knee disability because no VA examiner has opined whether the Veteran’s right knee pain is due to service. The July 2010 VA examination noted a decreased range of motion of the right knee with objective evidence of pain with active motion; the Veteran also reported “significant difficulty bending her knees” during flare-ups. Because pain alone may qualify as a disability where there is functional impairment, an additional VA examination is necessary to determine whether the Veteran’s right knee pain is related to service. See Saunders v. Wilkie, 886 F.3d 1356 (Fed Cir. 2018). 3. Entitlement to service connection for lumbar sprain and strain, to include as secondary to knee disability, is remanded. The Veteran contends that her lumbar disability is secondary to the knee conditions being remanded. Accordingly, the issue of service connection for the right and left knee could significantly impact a decision on the issue of service connection for lumbar sprain and strain. The issues are thus inextricably intertwined and a remand is required. 4. Entitlement to an initial evaluation in excess of 30 percent for panic disorder without agoraphobia with depressive disorder is remanded. A VA examination is necessary to relate the current severity of the Veteran’s panic disorder without agoraphobia with depressive disorder, as the most recent VA examination was performed in August 2010. Furthermore, the Veteran’s former representative indicated in a March 2014 letter that the Veteran received VA medical center (VAMC) treatment from July 2010 to August 2012. Such records should be associated with the Veteran’s claims file. The matters are REMANDED for the following action: 1. Obtain the Veteran’s VA treatment records for the period from July 2010 to August 2012. 2. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any bilateral knee disability, to include pain. The examiner must opine whether it is at least as likely as not related to an in-service injury, event, or disease. 3. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any lumbar sprain and strain. The examiner must opine (a.) Whether it is at least as likely as not related to an in-service injury, event, or disease. (b.) Whether it is at least as likely as not (1) proximately due to a knee disability, or (2) aggravated beyond its natural progression by a knee disability. Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD W. Ripplinger, Associate Counsel