Citation Nr: 18158851 Decision Date: 12/18/18 Archive Date: 12/17/18 DOCKET NO. 17-04 518 DATE: December 18, 2018 REMANDED Entitlement to service connection for a right knee disability is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1990 to January 1991 and from February 2004 to August 2004, with additional Reserve service from November 1989 to July 2013. Additional evidence was received by VA subsequent to the most recent November 2016 statement of the case, which addressed the appeal herein. Specifically, in August 2017, May 2018 and October 2018, private medical evidence was associated with the record. In June 2018, the Veteran also submitted a May 2018 statement from a fellow servicemember; however, the Veteran did not waive review of this evidence by the Agency of Original Jurisdiction (AOJ). However, if new evidence is submitted with or after a substantive appeal received on or after February 2, 2013, then it is subject to initial review by the Board unless the Veteran explicitly requests AOJ consideration. Here, as the Veteran’s substantive appeal was filed after February 2, 2013, and the record reflects that the entirety of the additional evidence was submitted by the Veteran, a remand for AOJ consideration of this evidence is not warranted.   1. Entitlement to service connection for a right knee disability is remanded. The Board finds that additional development must be completed prior to adjudication of the issue on appeal. Review of the record does not list an accurate accounting as to the any potential periods of the Veteran’s active duty for training (ACDUTRA) or inactive duty for training (INACDUTRA) during his service from November 1989 to July 2013. In this regard, a July 2017 private medical record provided findings of moderate tricompartmental osteoarthritic changes within the patellofemoral preponderance and also noted calcium pyrophosphate dihydrate crystal deposition disease (CPPD) arthropathy was a consideration. The July 2017 private medical record documented the Veteran had knee pain with a history of right knee arthroscopic surgery in 2010 attributed to running frequently and that the Veteran recalled an incident when he had to run for his military physical examination sometime in August 2009 developing a severe pain soon after. In this regard, a September 2010 service record reflected the Veteran was restricted from running and walking part of the fitness test. Also of record is a May 2018 statement from a fellow servicemember, R. G., which stated, in part, he recalled in March 2010, while on drill exercise, the Veteran reported that he had injured his right knee and needed to rest his knee and try to retest the next month. It is not clear if the May 2018 statement from R. G. reflected the Veteran had injured his knee during the drill exercise or prior thereto. In any event, the AOJ should attempt to verify the Veteran’s periods of ACDUTRA and INACDTURA, specifically in August 2009 and March 2010, and to include, as necessary, efforts to obtain the Veteran’s pay stubs documenting these periods. Additionally, although a May 2018 nexus opinion from H. Rajender Reddy, M.D., is of record, the Board is unable decipher Dr. Reddy’s handwriting and discern if any diagnosis related to the right knee is indicated. In this regard, the Board cannot make a fully-informed decision on the issue of entitlement to service connection for a right knee disability because no VA examiner has opined whether any current right knee disability is at least as likely as not due to running in service, to include any documented periods of ACDUTRA and/or INACDUTRA. The matter is REMANDED for the following actions: 1. Attempt to verify the specific dates of each of the Veteran’s periods of ACDUTRA and INACDUTRA, specifically to include any periods in August 2009 or March 2010, to include, if warranted, to contact any appropriate source, and request the Veteran’s pay stubs. Document all requests for information as well as all responses in the claims file. 2. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any right knee disability. (a.) The examiner must opine whether it is at least as likely as not that any right disability is related to an in-service injury, event, or disease, to include any documented periods of ACDUTRA and/or INACDUTRA. Rationale must be provided for the opinion proffered. (b.) If arthritis of the right knee is diagnosed whether it at least as likely as not that arthritis of the right knee (1) began during active service, (2) manifested within one year after discharge from service, or (3) was noted during service with continuity of the same symptomatology since service. Rationale must be provided for the opinion proffered. 3. After undertaking any other development deemed appropriate, readjudicate the issue on appeal. If the benefit sought is not granted, furnish the Veteran and his representative with a supplemental statement of the case and afford them an opportunity to respond before the record is returned to the Board for further review. U. R. POWELL Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD M. Espinoza, Counsel