Citation Nr: 18156477 Decision Date: 12/11/18 Archive Date: 12/10/18 DOCKET NO. 14-43 843 DATE: December 11, 2018 REMANDED The claim of entitlement to service connection for a left knee disability is remanded. The claim of entitlement to service connection for a left hip disability, to include as secondary to a service-connected right hip disability and/or right knee disability, is also remanded for additional development. Preliminary Matters The Veteran had honorable active duty service with the United States Navy from August 1965 to July 1969. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). REASONS FOR REMAND Although further delay is regrettable, the Board finds that a remand is necessary in this case to ensure that due process is followed and that there is a complete record upon which to decide the Veteran’s claims so that he is afforded every possible consideration. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159. The Veteran contends that he is entitled to service connection for a left knee disability and a left hip disability, to include as secondary to his service-connected right hip disability and/or right knee disability. In November 2014, the Veteran was afforded a VA examination for both claimed disabilities. If VA undertakes to provide an examination, the examination must be adequate. Daves v. Nicholson, 21 Vet. App. 46, 52 (2007). As regards to the left knee claim, throughout the period on appeal, the Veteran has stated his belief that the November 2014 VA examination was inadequate, as the examiner did not thoroughly evaluate his left knee. See December 2014 VA Form 9; August 2016 VA 646 Statement of Accredited Representative in Appealed Case; October 2018 Informal Hearing Presentation. Thus, as the Veteran asserts that the VA examination for his left knee was inadequate, the Board finds that a new VA examination is warranted. Regarding the claim of service connection for a left hip disability, although the Veteran is not service connected for a left knee disability, the November 2014 examiner opined that the Veteran’s left hip condition was not caused by his left knee condition. In a December 2014 VA addendum opinion, another examiner opined that the Veteran’s left hip condition was neither caused by his service-connected right hip disability nor his service-connected right knee disability. However, neither examiner addressed whether the Veteran’s left hip condition was directly related to service. As such, the Board must remand this claim for a new opinion concerning direct and secondary service connection. Therefore, in light of the foregoing, the Board finds that a new VA examination is warranted for each claimed disability. On remand, the Agency of Original Jurisdiction (AOJ) should make appropriate efforts to ensure that all pertinent private treatment records and any updated VA records are associated with the claims file. The matters are REMANDED for the following action: 1. Identify and obtain any outstanding VA and private treatment records that are not already associated with the claims file. If any record identified cannot be obtained, the Veteran and his representative should be notified of this in writing, to include all efforts taken by VA to attempt to obtain any such record. The Veteran should also be offered the option to provide any such record himself. 2. After obtaining any outstanding records, schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any left knee disability. The examiner must opine whether it is at least as likely as not related to an in-service injury, event, or disease. A complete rationale must be provided for all opinions offered. If an opinion cannot be offered without resort to mere speculation, the examiner must fully explain why this is the case and identify what additional evidence, if any, would allow for a more definitive opinion. 3. Then, schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any left hip disability, to include as secondary to his service-connected right hip disability and/or right knee disability. The examiner must opine whether it is at least as likely as not related to an in-service injury, event, or disease, to include as secondary to his service-connected right hip disability and/or right knee disability. If, on examination for the left knee, the examiner determines that the claimed left knee disability is related to service, the examiner is also asked to provide an opinion as to whether the Veteran’s left hip disability was either caused or aggravated by his left knee disability. A complete rationale must be provided for all opinions offered. If an opinion cannot be offered without resort to mere speculation, the examiner must fully explain why this is the case and identify what additional evidence, if any, would allow for a more definitive opinion. 4. After completing all indicated development, the Veteran’s claims should be readjudicated based on the entirety of the evidence. If any benefit sought on appeal is not granted, the Veteran and his representative should be provided a Supplemental Statement of the Case (SSOC) and afforded the requisite opportunity to respond before the case is remanded to the Board. B. MULLINS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Y. MacDonald, Associate Counsel