Citation Nr: 18153551 Decision Date: 11/28/18 Archive Date: 11/27/18 DOCKET NO. 16-46 590 DATE: November 28, 2018 ORDER New and material evidence having been received, reopening of the claim of entitlement to service connection for a left knee disability is granted. New and material evidence having been received, reopening of the claim of entitlement to service connection for a right knee disability is granted. REMANDED Entitlement to service connection for a left knee disability is remanded. Entitlement to service connection for a right knee disability is remanded. INTRODUCTION The Veteran served on active duty in the United States Army from January 2004 to January 2008. This matter comes before the Board of Veterans’ Appeals (Board) on appeal of a January 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Muskogee, Oklahoma. The Veteran previously submitted a claim of entitlement to service connection for a left knee and right knee disability which was denied in a January 2012rating decision on the basis that the Veteran did not have a current disability and the record did not show that either knee disability occurred in or was caused by service. The January 2012 rating decision became final because the Veteran did not submit a Notice of Disagreement or new evidence in connection with the claim within the appeal period. See 38 C.F.R. § 3.156(b). The evidence received since the January 2012 final decision includes a lay statement stating that the Veteran had knee pain in service. There are also VA treatment records indicating that the Veteran has been diagnosed with a meniscal tear in both knees. Consequently, as the newly received evidence indicates that the Veteran has a current disability, that may be related to his military service, the Board finds that such newly received evidence is not cumulative or redundant of the evidence of record at the time of the January 2012 decision and raises a reasonable possibility of substantiating the Veteran’s claim of entitlement to service connection for a left knee and right knee disability. Thus, the Board finds that new and material evidence has been received sufficient to reopen his previously denied claim. 38 C.F.R. § 3.156(a); Shade v. Shinseki, 24 Vet. App. 110, 117-18 (2010); Justus v. Principi, 3 Vet. App. 510, 513 (1992). REASONS FOR REMAND 1. Entitlement to service connection for a left knee disability. 2. Entitlement to service connection for a right knee disability. The Veteran contends that his claimed left knee and right knee disability is due to service. The Veteran was afforded a VA examination in November 2014 to obtain a medical opinion pursuant to the Veteran’s claims that his current right and left knee disability was related to his service. The Board finds that VA has not met its duty to assist the Veteran in obtaining an adequate examination for the purposes of rendering a decision in the instant appeal. See 38 C.F.R. § 4.2. The VA examiner did not provide a diagnosis as to either the right or left knee disability as there was no pathology at the time of the examination to provide a diagnosis. The Veteran was diagnosed with a torn meniscus in his right knee in 2015. The Veteran was diagnosed with a torn meniscus in his left knee in 2016. Now that the Veteran has a diagnosis of a torn meniscus in both knees the Veteran requires a new VA examination. The VA examiner in November 2014 did not address how the Veteran’s knees may have been related to the Veteran’s in-service incident. Therefore, a new medical examination is necessary. The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination to determine the nature and etiology of any currently present bilateral knee disabilities. The claims file must be made available to, and reviewed by the examiner. Any indicated studies should be performed. Based on the examination results and review of the record, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent or better probability) that any currently present bilateral knee disability is etiologically related to the Veteran’s active service. The examiner must consider the Veteran’s lay statements regarding the onset and continuity of his symptoms. The rationale for all opinions expressed must be provided. (Continued on the next page)   2. After completing the above development, and after conducting any additional development deemed necessary, the RO should readjudicate the claim. If it remains denied, the Veteran and his representative should be provided with a supplemental statement of the case and an opportunity to respond before the case is returned to the Board. T. REYNOLDS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Dion Roberts, Law Clerk