Citation Nr: 18153890 Decision Date: 11/28/18 Archive Date: 11/28/18 DOCKET NO. 16-40 294 DATE: November 28, 2018 REMANDED Service connection for a left knee disability (claimed as knee pain) is remanded. REASONS FOR REMAND The Veteran served in the United States Army from June 2005 through October 2013 during the Persian Gulf War Era. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a November 2013 rating decision from the Department of Veterans Affairs (VA) Regional Office in Winston-Salem, North Carolina, which denied service connection for left knee pain. The Veteran filed a notice of disagreement (NOD) in August 2014, a statement of the case was issued in June 2016, and the Veteran timely appealed in August 2016. Remand of Service Connection for Left Knee Pain The Veteran contends that his current left knee pain is due to repeated impact on the knee during service. The Veteran states that left knee pain began during training at the Army Airborne School, which required jumping out of airplanes multiple times and straining the knee. The Veteran explains that he had to complete Airborne School as part of training to become a Special Forces soldier. He contends that his left knee pain continued throughout service due to the physical demands required of him. While the record does not show a current diagnosis of left knee disability, the Veteran wrote in the NOD that a medic made an initial diagnosis of patellofemoral syndrome in 2014 while he was in Afghanistan (after service). This is consistent with a May 2009 service treatment record (STR), which characterized the Veteran’s knee pain at the time as overuse syndrome with patellofemoral and iliotibial band syndromes (which are repetitive strain injuries). Furthermore, the record includes competent evidence of recurrent knee pain beginning during service in 2006 and continuing throughout, while the June 2005 service entry examination notes no knee problems. The Veteran states generally in the NOD that knee pain affects his everyday life, but gives no specific examples. He reported to a medical examiner in 2013 that knee pain limited physical training while in service. While a September 2013 VA Compensation and Pension Examination report found no evidence of a knee disability or functional limitation of the left knee (following an in-person examination and a review of STRs including x-rays from August 2013 showing no knee problems), the Board finds that there is enough in the record regarding knee pain in service to require further medical evidence to reach a decision about compensation. This is especially true given the post-service 2014 diagnosis reported by the Veteran. Also, the record includes no private or VA post-service treatment records, although the Veteran references at least one post-service medical consultation regarding the knee in 2014. The lack of post-service records, along with the suggestion that the Veteran may have a current disability diagnosis, requires further development. Accordingly, the case is REMANDED for the following actions: 1) Contact the Veteran and request information as to any outstanding private or VA treatment records concerning diagnoses and treatment for any left knee pain and/or condition(s). Note that the Veteran currently lives in the Netherlands. a) Upon receipt of the requested information and the appropriate releases, the agency of original jurisdiction should contact all identified health care providers and request that they forward copies of all available treatment records and clinical documentation pertaining to the diagnoses and treatment of any knee pain and/or condition(s) not already of record for incorporation into the record. b) If identified records are not ultimately obtained, the Veteran should be notified pursuant to 38 C.F.R. § 3.159(e). 2) Schedule a comprehensive VA examination. If one or more knee disorders are diagnosed, the examiner should assist in determining the etiology of each of those conditions. a) All indicated tests and studies should be conducted. b) The VA examiner should review the claims folder including, but not limited to, service treatment records and then offer the following opinion with supporting rationale: is it at least as likely as not (50 percent or greater probability) that one or more knee conditions were incurred in or caused by active service? In rendering this opinion, the VA examiner should address whether any diagnosed knee condition is due to, or consistent with, the Veteran’s reported history of knee pain and/or injury or strain resulting from repeated knee impact from jumping out of airplanes and/or other physical activities while in service. 3) Readjudicate the issue of service connection for left knee disorder claimed as left knee pain. If the benefits sought on appeal remain denied, the Veteran should be provided a supplemental statement of the case. An appropriate period of time should be allowed for response before the case is returned to the Board. The Veteran has the right to submit additional evidence and argument on the matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This includes, but is not limited to, evidence from the Veteran regarding his specific functional loss from his knee pain. The law requires that all claims that are remanded by the Board for additional development or other appropriate action must be handled in an expeditious manner. 38 U.S.C. §§ 5109B, 7112. J. PARKER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD E. Miller, Associate Counsel