Citation Nr: 18157556 Decision Date: 12/13/18 Archive Date: 12/12/18 DOCKET NO. 15-42 520A DATE: December 13, 2018 REMANDED Entitlement to service-connection for bilateral knee disability is remanded. REASONS FOR REMAND The Veteran served on active duty from July 2006 to November 2013, to include service in Southwest Asia. As a result of his service, the Veteran received the Combat Action Badge among other decorations. This matter comes before the Board of Veterans’ Appeals (Board) from a May 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office. The Veteran initially requested a hearing before the Board but withdrew that request in October 2018. The Veteran was denied service connection for right and left knee condition due to lacking a confirmed diagnosis of a disability. The Veteran reported that he has suffered bilateral knee pain since service, where he jumped in and out of vehicles. The April 2014 VA examination failed to consider if his bilateral knee pain was related to or caused by his military service since the Veteran did not have a diagnosed disability. The Veteran underwent another VA examination in September 2015, which also found no evidence of bilateral knee conditions and failed to consider if the Veteran’s bilateral knee pain was related to or caused by his military service. At that time, pain was not considered a disability. Sanchez-Benitez v. West, 13 Vet. App. 282 (1999). Since Sanchez-Benitez, pain that causes functional impairment can be considered a disability. Saunders v. Wilkie, 886 F.3d 1356 (Fed. Cir. 2018). A VA examination and medical opinion is needed to address whether the Veteran’s bilateral knee pain causes functional impairment and if it related to or caused by the Veteran’s service. The matters are REMANDED for the following action: 1. Ask the Veteran to identify all outstanding treatment records relevant to treatment for his bilateral knee disabilities. All identified VA records should be added to the claims file. All other properly identified records should be obtained if the necessary authorization to obtain the records is provided by the Veteran. If any records are not available, or the Veteran identifies sources of treatment but does not provide authorization to obtain records, appropriate action should be taken (see 38 C.F.R. § 3.159(c)-(e)), to include notifying the Veteran of the unavailability of the records 2. After records development is completed, the Veteran should be afforded a VA examination to determine the nature of any bilateral knee disability, and to obtain an opinion as to whether such is related to service. The claims file should be reviewed by the examiner. All necessary tests should be conducted and the results reported. The examiner should elicit a full history from the Veteran and consider the lay statements of record. It is noted that the Veteran is competent to attest to factual matters of which he has first-hand knowledge. If there is a medical basis to support or doubt the history provided by the Veteran, the examiner should provide a fully reasoned explanation. Following review of the claims file and examination of the Veteran, the examiner should list all relevant diagnoses for both knees. If no formal diagnosis is appropriate for either knee, the examiner should specifically comment on whether there is any functional impairment in the right or left knee. For each knee disorder, to include if there is functional limitation in the right or left knee but no formal diagnosis, provide an opinion as to whether it is at least as likely as not (50 percent probability or greater) that the current disability is related to an in-service injury, event, or disease. A rationale for all opinions expressed should be provided as the Board is precluded from making any medical findings. Nathan Kroes Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Megan Shuster, Law Clerk