Citation Nr: 18146048
Decision Date: 10/30/18	Archive Date: 10/30/18

DOCKET NO. 14-19 957A
DATE:	October 30, 2018
REMANDED
Entitlement to service connection for arthritis of the right foot is remanded.
Entitlement to service connection for arthritis of the left foot is remanded.
Entitlement to service connection for arthritis of the right leg is remanded.
Entitlement to service connection for arthritis of the left leg is remanded.
Entitlement to service connection for arthritis of the right knee is remanded.
Entitlement to service connection for arthritis of the left knee is remanded. 
REASONS FOR REMAND
The Veteran served on active duty from October 1970 to April 1972.
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a February 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).
In April 2013, the Veteran filed a notice of disagreement (NOD).  A statement of the case was then issued in May 2014, and the Veteran filed a substantive appeal (via a VA Form 9) in June 2014.
In March 2016, the Board remanded the claims for further development.  Specifically, the Board instructed the RO to obtain the Veteran’s outstanding Social Security Administration (SSA) records, updated VA treatment records, and outstanding private treatment records.
The Veteran’s SSA and VA treatment records were obtained on remand. Regarding the private treatment records, in May 2016, the Veteran was notified of the need to submit a medical release so that those records could be made a part of the file.  However, the Veteran did not return this release.  While VA has a statutory duty to assist the Veteran in developing evidence pertinent to his claim, he also has a duty to assist and cooperate with VA in developing evidence.  “The duty to assist is not always a one-way street.  If a Veteran wishes help, he cannot passively wait for it in those circumstances where he may or should have information that is essential in obtaining the putative evidence.” Wood v. Derwinski, 1 Vet. App. 190, 193 (1991).  
The Veteran has not been afforded a VA examination.  Sine there are complex medical questions remaining in this case, he should be examined.
The matter is REMANDED for the following action:
Schedule the Veteran for a VA examination to determine the nature and etiology of any current bilateral knee, leg, and ankle disabilities including arthritis.  The examiner should review the record prior to examination.  The examiner should provide an opinion as to the following questions:
(a) Is there clear and unmistakable (obvious or manifest) evidence that the Veteran had bilateral knee, leg, and ankle defects, infirmities, or disorders that preexisted his military service; please identify with specificity any evidence that supports this finding.  The examiner is advised that the determination regarding inception should not be based solely on the Veteran’s reported history, but should also include consideration of the clinical records and the known characteristics of any diagnosis
(b) If there is clear and unmistakable evidence that the Veteran had a preexisting bilateral knee, leg, and ankle defects, infirmities, or disorders at the time of his service entrance, is there evidence that the Veteran’s preexisting bilateral knee, leg, and ankle defects, infirmities, or disorders increased in severity (worsened) in service;
(c) If the preexisting bilateral knee, leg, and ankle defects, infirmities, or disorders increased in severity in service, is there clear and unmistakable (obvious or manifest) evidence that the increase in severity during service was due to the natural progress of the bilateral knee, leg, and ankle defects, infirmities, or disorders; please identify with specificity any evidence that supports this finding;
(d) If the examiner determines that the Veteran did not have bilateral knee, leg, and ankle defects, infirmities, or disorders that preexisted service, is it at least as likely as not that the Veteran currently has bilateral knee, leg, and ankle disabilities that had its onset in service, arthritis was manifest within a year or service, or if any current diagnosis is otherwise etiologically related, to his military service.
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The examiner should provide a complete rationale for all opinions expressed and conclusions reached.
 
J. CONNOLLY
Acting Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Tiffany N. Hanson, Associate Counsel