Citation Nr: 18149468 Decision Date: 11/09/18 Archive Date: 11/09/18 DOCKET NO. 16-42 987 DATE: November 9, 2018 REMANDED Entitlement to a rating in excess of 10 percent for right knee degenerative joint disease is remanded. Entitlement to service connection for atrial fibrillation, including as secondary to a service-connected disability is remanded. REASONS FOR REMAND The Veteran served on active duty from May to December 2000; from January 2003 to January 2004 and from January to November 2005. These matters come before the Board of Veterans’ Appeals (Board) on appeal from a December 2013 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Roanoke, Virginia. 1. Entitlement to a rating in excess of 10 percent for right knee degenerative joint disease is remanded. In a March 2015 VA treatment note, the Veteran reported that he had recently undergone surgery on his right knee with a private provider. There are no private treatment records detailing the January 2015 surgery by a private provider or any other relevant records. As there is evidence of missing relevant private treatment records, they should be obtained on remand. Specifically, the Veteran should be requested to complete a VA Form 21-4142, Authorization and Consent to Release Information to VA, for the release of the private records. 2. Entitlement to service connection for atrial fibrillation, including as secondary to a service-connected disability is remanded. On his September 2016 VA Form 9, the Veteran stated that his doctor informed him that his atrial fibrillation may be secondary to his service-connected posttraumatic stress disorder (PTSD). There is no medical opinion of record which addresses this theory of entitlement. Therefore, the Board finds that a remand is necessary to obtain a medical opinion which addresses all applicable theories of entitlement. Also, it appears that the Veteran receives ongoing treatment at a VA facility. As the Board has a duty to assist the Veteran in obtaining medical records - especially those in the possession of the VA - the Veteran’s VA medical records should be obtained on remand. The matters are REMANDED for the following action: 1. Obtain all recent VA treatment records since November 2014 and associate them with the electronic claims file. 2. Contact the Veteran and request that he provide or authorize the release of records from the private facility where he underwent right knee surgery in January 2015. See March 2015 VA treatment record. If, after making reasonable efforts to obtain private records the Agency of Original Jurisdiction (AOJ) is unable to secure same, the AOJ must notify the Veteran and (a) identify the specific records the AOJ is unable to obtain; (b) briefly explain the efforts that the AOJ made to obtain those records; (c) describe any further action to be taken by the AOJ with respect to the claim; and (d) inform the Veteran that he is ultimately responsible for providing the evidence. The Veteran must then be given an opportunity to respond. 3. Then, schedule the Veteran for a VA heart conditions examination to determine the etiology of his atrial fibrillation. The electronic claims folder, including a copy of this remand, must be made available to the examiner for review in connection with the opinion. The examiner is requested to review the electronic claims file (and note such a review) and offer an opinion as to the following questions: (a) Whether it is at least as likely as not (50 percent or greater probability) that the Veteran’s atrial fibrillation was incurred in or otherwise related to service. (b) Whether it is at least as likely as not (50 percent or greater probability) that the Veteran’s atrial fibrillation was caused or aggravated by his service-connected PTSD. If aggravation is found, the examiner should address the baseline manifestations prior to aggravation and the increased manifestations due to the service-connected PTSD. The examiner is requested to address the Veteran’s statement that his doctor informed him that his service-connected PTSD may have caused or may be aggravating his atrial fibrillation. A complete rationale for all opinions reached must be provided. 3. Then, after conducting any other development deemed necessary, readjudicate the Veteran’s claims. If any benefit sought on appeal remains denied, provide the Veteran and his representative with a supplemental statement of the case (SSOC) and allow an appropriate period of time for response. Thereafter, the claims folder should be returned to the Board. MICHAEL A PAPPAS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Department of Veterans Affairs