Citation Nr: 18159437 Decision Date: 12/19/18 Archive Date: 12/19/18 DOCKET NO. 10-32 280 DATE: December 19, 2018 REMANDED Entitlement to service connection for a left knee disability is remanded. Entitlement to service connection for a right knee disability is remanded. Entitlement to service connection for a neck or cervical spine disability is remanded. Entitlement to service connection for a low back or thoracolumbar spine disability is remanded. Entitlement to service connection for a bilateral hip disability is remanded. Entitlement to service connection for a bilateral upper extremity neurological disability is remanded. Entitlement to service connection for a bilateral lower extremity neurological disability is remanded. Entitlement to service connection for an acquired psychiatric disability is remanded. Entitlement to a total disability rating due to unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran enlisted in a reserve component in August 1980 and served on initial active duty for training (ACDUTRA) from January 1981 to July 1981. This matter came before the Board of Veterans Appeals (Board) on appeal from a March 2010 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In June 2011, the Board remanded this matter for further evidentiary development. In March 2013, the Board reopened the claim for service connection for the bilateral knee disabilities but denied the appeal. The Veteran appealed the Board’s denial to the United States Court of Appeals for Veterans Claims (Court). In a May 2014 Memorandum Decision, the Court vacated the Board’s March 2013 decision and remanded the matter on appeal for further proceedings. In December 2014, the Board remanded this matter for further development. In April 2017, the Board again reopened the claim for service connection for the bilateral knee disabilities but denied the appeal. The Veteran again appealed the Board’s denial to the Court. In a December 2017 Joint Motion for Remand (JMR), the Court vacated the Board’s April 2017 decision and remanded the matter on appeal for further proceedings. 1. Entitlement to service connection for a left knee disability is remanded. 2. Entitlement to service connection for a right knee disability is remanded. 3. Entitlement to service connection for a bilateral hip disability is remanded. March 2015 VA knee and hip examinations were provided pursuant to the December 2014 Board remand. The examiner noted the Veteran’s June 1981 right knee injury and the October 1986 VA examination diagnosis of chondromalacia patella. The examiner then opined that the Veteran’s knee and hip disabilities were not likely due to service. As a rationale, the examiner stated that the Veteran’s in-service knee injury was acute and improved as there were no records of additional complaints within 2-3 years after the injury. The examiner also opined that knee and hip osteoarthritis can be considered part of the normal aging process in patients older than 40 years old, and noted the Veteran’s 30 years of work as a carpenter after service. However, the Board notes that at the time of the 1986 knee diagnosis, the Veteran was only 26 years old. The examiner’s rationale regarding aging in patients over 40 and post-service work is therefore inadequate. There is also no indication in the report that the March 2015 examiner considered the October 1986 examiner’s findings regarding the bilateral hips. Remand for a new examination is therefore required. See Nieves- Rodriguez v. Peake, 22 Vet. App. 295 (2008); Stefl v. Nicholson, 21 Vet. App. 120, 124 (2007). The Board also notes that some of the treatment records contained in the file require translation. Upon remand, the Board asks that they be translated into English. 4. Entitlement to service connection for a neck or cervical spine disability is remanded. 5. Entitlement to service connection for a low back or thoracolumbar spine disability is remanded. 6. Entitlement to service connection for a bilateral upper extremity neurological disability is remanded. 7. Entitlement to service connection for a bilateral lower extremity neurological disability is remanded. The March 2015 VA examiner found that the Veteran’s back and neck disabilities were not related to service, stating as a rationale that there was no evidence of back or neck injury after release from service in either service or private medical records. The Board’s review indicates that private medical records, apart from a single October 2009 medical opinion, have not yet been associated with the claim file, and therefore is unable to determine which records are referenced in the March 2015 opinion. The Board notes that the March 2015 back and neck examination reports indicate that the examiner reviewed CPRS in addition to records contained in the VA claim file. Remand is therefore required so that any outstanding private medical records may be associated with the claim file. The March 2015 VA examination also indicated that the Veteran has radiculopathy. Therefore, the issues of service connection for neurological disabilities must also be remanded as inextricably intertwined with the issues of service connection for the low back and neck disabilities. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (two issues are “inextricably intertwined” when the adjudication of one issue could have “significant impact” on the other issue). 8. Entitlement to service connection for an acquired psychiatric disability is remanded. The Veteran contends that his psychiatric disability is secondary to his claimed physical disabilities. The issue of entitlement to service connection for an acquired psychiatric disability must therefore be remanded as it is inextricably intertwined with the remanded issues of service connection. Id. 9. Entitlement to a total disability rating due to unemployability (TDIU) is remanded. The issue of entitlement to TDIU must also be remanded as it is inextricably intertwined with the remanded issues of service connection. Id. The matters are REMANDED for the following action: 1. Identify all records contained in the file requiring translation, including the 1984 records from the Puerto Rico Bureau of Health, and have them translated into English. 2. Contact the March 2015 VA examiner to identify the private medical records referenced in the examination reports. With the Veteran’s help, associate any outstanding private treatment records with the claim file. 3. Obtain complete VA treatment records for the Veteran. If such records are unavailable, the Veteran’s claim file must be clearly documented to that effect and the Veteran notified in accordance with 38 C.F.R. § 3.159(e). 4. Ask the Veteran to complete a VA Form 21-4142 for all private providers who treat his claimed disabilities. Make two requests for the authorized records from all identified providers, unless it is clear after the first request that a second request would be futile. 5. After the above development is complete, schedule the Veteran for an appropriate VA examination, to determine the etiology of any current bilateral knee and hip disabilities. The examiner should review the file and provide a complete rationale for all opinions expressed. For any current bilateral knee or hip disability found to be diagnosed, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that any such disability is related to the Veteran’s active service. Attention is requested to June 1981 service treatment records diagnosing right knee sprain and to the October 1986 VA examination findings of chondromalacia patella and tender movements of the hips. In providing the opinion, the examiner should consider and discuss any lay statements of record, to include the Veteran’s statements regarding the onset and persistence of his symptoms. 6. If upon completion of the above action the appeal remains 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 A. Arnold, Associate Counsel