Citation Nr: 18151031
Decision Date: 11/19/18	Archive Date: 11/16/18

DOCKET NO. 12-31 797
DATE:	November 19, 2018
REMANDED
Entitlement to service connection for a bilateral hand condition is remanded.
Entitlement to service connection for a low back condition is remanded.
Entitlement to service connection for a bilateral knee condition is remanded.
REASONS FOR REMAND
The Veteran served on active duty from September 1967 to October 1970.
The Veteran requested a hearing before the Board of Veterans’ Appeals (Board) in the October 2012 substantive appeal; however, he later withdrew his request in February 2016.  In August 2017, the Board denied the matters on appeal.  The Veteran appealed the decision to the U.S. Court of Appeals for Veterans Claims (Court).  In a May 2018 Joint Motion for Remand, the Court vacated the August 2017 decision related to the current appeal, and remanded the issues back to the Board.
Entitlement to service connection for a bilateral hand condition, low back condition, and bilateral knee condition are remanded.
The Veteran’s VA treatment records show evidence of the Veteran undergoing bilateral knee replacements.  In March 2010, the Veteran contended he injured his knee due to working construction in the Republic of Vietnam.  The Veteran’s military personnel records show he served in the U.S. Naval Construction Battalion.  The Veteran should be provided a VA examination to determine the nature and etiology of any current bilateral knee condition.  McLendon v. Nicholson, 20 Vet. App. 79, 81 (2006).
The record also reflects the Veteran has been receiving private orthopedic treatment from Dr. McMasters, yet the record is negative for evidence of the Agency of Original Jurisdiction (AOJ) requesting or attempting to obtain the private treatment records.  38 C.F.R. § 3.159.  On remand, the AOJ should attempt to obtain private treatment records from Dr. McMasters, and the AOJ should afford the Veteran a VA examination as to the low back and bilateral hand condition.
The matters are REMANDED for the following action:
1. Contact the Veteran and request authorization to obtain any outstanding records pertinent to the claim, including any private treatment records from Dr. McMasters following proper VA procedures (38 C.F.R. § 3.159(c))
2. After any additional records are associated with the claims file, schedule the Veteran for a VA orthopedic examination.
The claims file should be made available to the examiner for review in connection with the examination.  Based on review of the record and examination of the Veteran, and after eliciting a detailed history of the Veteran’s conditions from the Veteran, the examiner should respond to the following:
(a.) Is it at least as likely as not (probability of 50 percent or more) that the Veteran’s current bilateral knee condition had its onset in or is related to service; 
(b.) IF there is evidence of a current (at any point during the period on appeal) low back condition, is it at least as likely as not that the Veteran’s current low back condition had its onset in or is related to service; and
(c.) IF there is evidence of a current bilateral hand condition, is it at least as likely as not that the Veteran’s current bilateral hand condition had its onset in or is related to service.
The examiner is advised that the Veteran is competent to report symptoms, treatment, and injuries.  The Veteran’s reports must be considered in formulating the requested opinions.  If there is a medical basis to doubt the history provided by the Veteran, the examiner should provide a fully reasoned explanation.  All opinions must be supported by a rationale.
 
A. C. MACKENZIE
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	B. N. Quarles, Associate Counsel