Citation Nr: 18158271 Decision Date: 12/13/18 Archive Date: 12/14/18 DOCKET NO. 16-42 614 DATE: December 13, 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. REMANDED Entitlement to service connection for a left knee disability is remanded. Entitlement to service connection for a right knee disability is remanded. FINDINGS OF FACT 1. An unappealed October 2010 rating denied entitlement to service connection for left knee pain/condition. 2. The evidence added to the record since the October 2010 rating decision is not cumulative or redundant of the evidence previously of record, and raises a reasonable possibility of substantiating the claim of entitlement to service connection for a left knee disability. CONCLUSION OF LAW New and material evidence has been received to reopen the claim of entitlement to service connection for a left knee disability. 38 U.S.C. § 5108 (2012); 38 C.F.R. § 3.156 (2018). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active naval service from August 1986 to August 2006. This matter comes to the Board for Veterans’ Appeals (Board) on appeal from an August 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Paul, Minnesota. Claim to Reopen – Left Knee Disability An October 2010 rating decision denied entitlement to service connection for a left knee disability based on a finding that the Veteran did not have a clinical diagnosis of a left knee disability other than pain, and pain alone was not considered a disability for compensation purposes. The Veteran did not appeal that decision. The new evidence that has been received since the October 2010 rating decision includes private medical records showing complaints of, and treatment for a left knee disability. The private medical records also show a diagnosis of left knee degeneration of the anterior cruciate ligament (ACL). The Board finds that the evidence added to the record is new and material. In that regard, the evidence is not cumulative or redundant of the evidence previously considered by VA, and it raises a reasonable possibility of substantiating the claim of entitlement to service connection for a left knee disability. As reopening the claim of entitlement to service connection for a left knee disability is warranted, the appeal is granted to that extent only. REASONS FOR REMAND The Veteran asserts that his left knee disability is connected to his duties as a dialysis technician while he was in service. The Veteran claims that his right knee disability is secondary to his left knee disability. There are no diagnoses or complaints of left or right knee pain in the Veteran’s STRs. However, in a July 2006 statement, the Veteran claimed that, because he was a hemodialysis technician while in active service, he spent years lifting patients who could weigh over 100 pounds from their wheelchairs to dialysis chairs. He reported that he would be called upon to transfer patients on other units in order to help the hospital. The Veteran’s service records confirm his military occupation specialty (MOS) of a hemodialysis technician. The Veteran claims that he has experienced left knee pain since his active service. Post-service medical records show diagnoses of internal derangement of the left knee and a left knee sprain; and, that the Veteran is diagnosed with bursitis in his right knee. A review of the record shows that the Veteran was scheduled for a knee examination in July 2016. However, that examination was canceled as a result of the Veteran’s failure to confirm his appointment. However, there is an indication from the record that notification of the examination may not have been sent to the Veteran’s most current address. As such, the Veteran should be afforded another opportunity to report for a VA examination to determine the nature and etiology of his right and left knee disabilities. Additionally, current treatment records should be identified and obtained before a decision is made in this case. Accordingly, the case is REMANDED for the following action: 1. Undertake appropriate action to confirm the Veteran’s current mailing address. 2. Then, identify and obtain any pertinent, outstanding VA and private treatment records and associate them with the claims file. 3. Then, schedule the Veteran for a VA examination to determine the nature and etiology of any currently present right and/or left knee disabilities. The claims file must be made available to, and reviewed by the examiner. Any indicated studies must be performed. Based on the examination of the Veteran and the review of the record, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent of better probability) that any currently present right and/or left knee disability had its onset during the Veteran’s active service, or is otherwise etiologically related to such service. The examiner must consider the Veteran’s lay statements regarding the onset and continuity of his symptoms. The examiner should also provide an opinion as to whether it is at least as likely as not (50 percent or better probability) that any currently present right and/or left knee disability was caused or chronically worsened by a service-connected disability, to include altered gain and/or body mechanics resulting from such. The rationale for all opinions expressed must be provided. 4. Confirm that the VA examination report and all medical opinions provided comport with this remand, and undertake any other development determined to be warranted. 5. Then, readjudicate the remaining claims on appeal. If the decision is adverse to the Veteran, issue a supplemental statement of the case and allow appropriate time for response. Then, return the case to the Board. Kristin Haddock Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Devyn Whitlock, Law Clerk