Citation Nr: 18157037 Decision Date: 12/11/18 Archive Date: 12/11/18 DOCKET NO. 17-00 521 DATE: December 11, 2018 REMANDED Entitlement to service connection for a back disability is remanded. Entitlement to service connection left knee disability is remanded. Entitlement to service connection right knee disability is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from January 2003 to May 2003, October 2004 to February 2006, and January 2013 to June 2013 with additional Reserve service continuing at least through 2016. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2016 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). 1. Entitlement to service connection for a back strain is remanded. 2. Entitlement to service connection for a left knee condition is remanded. 3. Entitlement to service connection for a right knee condition is remanded. The Veteran asserts that her back and bilateral knee disabilities are the result of excessive military training and carrying heavy equipment over the course of her 14 years of service, both on active duty and as a Reservist. There are no service treatment records (STRs) for her last period of active service (January 2013 to June 2013), or any Reserve records in the claims file. Additionally, there are no service personnel records (SPRs) available for review other than her DD Forms 214 and two pages submitted by the Veteran in January 2016 showing service in Kosovo. On remand, an additional effort to obtain her complete STRs and SPRs is required. Updated VA and private treatment records should also be secured. Moreover, available VA treatment records indicate that the Veteran presented with back pain on June 3, 2007 (between two periods of active duty) after performing a physical fitness test. Additionally, a March 2018 letter from a private chiropractor indicates recent treatment for injuries sustained in a March 31, 2017 motor vehicle accident. Her duty status (inactive duty for training (INACDUTRA) or active duty for training (ACDUTRA)) on these dates, as well as any other dates of relevant treatment during her period of Reserve service, if secured, must be verified. See 38 C.F.R. § 3.6(e) (time spent proceeding directly to and from active duty for training must be considered as part of the active or inactive duty for training). Finally, given her competent and credible reports of a prescription of a non-steroidal anti-inflammatory drug and physical therapy for a back and bilateral knee disabilities by her current treating physician, as well as her reports that that same physician attributed her disabilities to wear and tear during service, the duty to obtain an examination in this case is triggered. Thus, the matters are REMANDED for the following action: 1. Obtain the Veteran’s complete STRs and SPRs. If unavailable, provide the Appellant with notice as required by 38 C.F.R. §3.159(e) and afford her the opportunity to provide any such records in her possession. 2. Verify the Veteran’s duty status (ACDUTRA or INACDUTRA): (a) on June 3, 2007; (b) on March 31, 2017; and (c) on any other dates of back and knee treatment during the length of her Reserve service, if additional relevant records are received. Please note that retirement points will not suffice. 3. Obtain any existing VA treatment records. 4. With any necessary assistance from the Veteran, obtain any outstanding relevant private treatment records, to include any records from Kaiser Permanente and Mojave Chiropractic. 5. Then schedule the Veteran for a VA examination to determine the nature and etiology of her bilateral knee and back disabilities. The entire claims file must be reviewed by the examiner. All indicated tests and studies should be conducted, and all findings reported in detail. For each bilateral knee and back disability identified, please opine as to whether it is as at least as likely as not (50 percent or greater probability) that such disorder: (a) had its onset during active duty or a verified period of ACDUTRA; (b) is otherwise the result of a disease incurred during active duty or a verified period of ACDUTRA; or (c) is otherwise the result of an injury incurred during active duty or a verified period of ACDUTRA or INACDUTRA. In addressing this question, please consider the Veteran’s report of that her bilateral knee and back disabilities are the result of excessive military training and carrying heavy equipment over the course of her 14 years of service, both on active duty and as a Reservist, and that her treating physician advised her of the same. A complete rationale should be given for all opinions and conclusions expressed. If unable to opine without resorting to speculation, please provide a rationale for this conclusion. S. BUSH Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD G.Rouse, Associate Counsel