Citation Nr: 18159190
Decision Date: 12/18/18	Archive Date: 12/18/18

DOCKET NO. 15-31 562
DATE:	December 18, 2018
REMANDED
The request to reopen the issue of entitlement to service connection for a right leg disability, to include crepitus of the knee and/or lower leg, as well as a knee disability, is remanded.
REASONS FOR REMAND
The Veteran served on active duty from March 2005 to August 2005.
In December 2018, the Veteran appeared at a videoconference hearing before the undersigned Veterans Law Judge.
In his original claim for service connection, received in August 2005, the Veteran identified his disability as “crepitus of the right lower leg.”  This is the disability that the RO has adjudicated in subsequent rating decisions.  At the December 2018 videoconference hearing, the Veteran made clear that, despite the use of the term lower leg, he is seeking service connection for his knee.  Because crepitus is a term that can apply to symptoms of the knee, and the Veteran is adamant that this was his intention in filing his claim, the Board will expand the claim accordingly.  See Clemmons v. Shinseki, 23 Vet. App. 1 (2009) (when a claimant makes a claim, he is seeking service connection for symptoms regardless of how those symptoms are diagnosed or labeled).  In addition, the Board notes that the December 2005 rating decision referenced right anterior cruciate ligament damage, which regards the knee.  In addition, when the claim was resubmitted in May 2014, it was phrased as service connection for a right leg condition.  Thus, the Board finds that a broader interpretation is appropriate.  The issue has been recharacterized accordingly, as noted on the title page.
The July 2015 statement of the case (SOC) addressed the issue on appeal, as well as the issue of entitlement to service connection for a left leg condition.  In his VA Form 9, the Veteran indicated that he was only appealing certain issues in the SOC, and stated that he did not know where or how the issue of service connection for the left leg was added.  The Board accepts this statement as the Veteran’s indication that he does not wish to pursue this issue on appeal.  Accordingly, service connection for a left leg condition will not be addressed herein.
The request to reopen the issue of entitlement to service connection for a right leg disability, to include crepitus of the knee and/or lower leg, as well as a knee disability, is remanded.
The Board finds that additional development is needed prior to final adjudication of the issue on appeal.  At the December 2018 videoconference hearing, the Veteran indicated that he served in the Army Reserves when he was in a motor vehicle accident.  On remand, the Boards asks that his reserve records be obtained.  In addition, there may be outstanding treatment records as well.  Upon remand, any outstanding treatment records should be obtained.
The matter is REMANDED for the following action:
1. After securing any necessary consent forms from the Veteran, obtain any outstanding treatment records, to include any VA and/or private treatment records, pertaining to the issue on appeal.
In addition, obtain any outstanding military personnel and/or service treatment records pertaining to the Veteran’s service in the Army Reserves.
All efforts to obtain these records should be documented in the claim file.  If any records could not be obtained, this should be noted in the claim file.  
2. If upon completion of the above action the issue is denied, the case should be returned to the Board after compliance with appellate procedures.

 
E. I. VELEZ
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	K. Foster, Associate Counsel