Citation Nr: 18150530
Decision Date: 11/15/18	Archive Date: 11/15/18

DOCKET NO. 16-39 867
DATE:	November 15, 2018
REMANDED
Service connection for a bilateral knee disorder to include arthritis is remanded.
REASONS FOR REMAND
The Veteran served on active duty from June 1966 to December 1970. 
This appeal arises from a rating decision issued in August 2015 by the Department of Veterans Affairs Regional Office (RO). A Notice of Disagreement was received September 2015. A Statement of the Case was issued in April 2016, and a VA form 9 was filed August 2016.
Service connection for a bilateral knee disorder to include arthritis is remanded.
The Veteran contends that his bilateral knee arthritis is related to his active service.  The Veteran’s May 19, 1966 Enlistment examination shows normal musculoskeletal and lower extremities.  Service Treatment Records show no treatment, complaints or injuries to the knees.  However, treatment records show that the Veteran was involved in an accident resulting in a thigh laceration.  The Veteran’s December 7, 1970 discharge examination shows normal musculoskeletal and lower extremities and no complaints of knee symptoms.  The Veteran submitted x-ray evidence in June 2016 showing left knee arthritis.  
The Veteran stated in his Form 9 that his knee problems were due to hard pivots from marching in the band.  The Veteran has not been provided a VA examination to determine the etiology of the Veteran’s bilateral knee condition.  Furthermore, the VA obtained new private records after the issuance of the most recent SSOC.  A remand is required in order to provide the Veteran an examination and to review the newly acquired medical evidence.   

The matter is REMANDED for the following action:
1. Attempt to obtain and associate with the Veteran’s claims file all outstanding VA treatment records. Copies of any outstanding service treatment records should be added to the Veteran’s electronic record.
2. In addition, obtain any private treatment records which have not been obtained already and are related to the Veteran’s claim. The AOJ should contact the Veteran and request that he provide a completed release form (VA Form 21-4142) authorizing VA to request copies of any treatment records from any private medical providers who have treated him for his claimed condition which are not already of record. Copies of any outstanding private treatment records should be added to the Veteran’s electronic record.
3. Schedule the Veteran for a VA examination to determine the nature and etiology of any current knee disabilities. Any indicated tests should be accomplished. The examiner should review the record prior to examination. The examiner should provide an opinion as to whether it is at least as likely not (50 percent or greater probability) that any current knee disability had its clinical onset during service or is related to any in-service disease, event, or injury. The examiner should also opine whether it is at least as likely not (50 percent or greater probability) that any arthritic changes manifested within one year following separation from service.
4. Then readjudicate the claims on appeal in light of all of the evidence of record. If the issues remain denied, the Veteran and his representative should be provided with a supplemental statement of the case and afforded a reasonable period of time within which to respond thereto.
 
DEBORAH W. SINGLETON
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Department of Veterans Affairs