Citation Nr: 18161288
Decision Date: 12/31/18	Archive Date: 12/31/18

DOCKET NO. 16-34 911
DATE:	December 31, 2018

REMANDED

The claim of entitlement to service connection for back disability is remanded.

The claim of entitlement to service connection for right knee disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from April 1983 to April 1986.  This case is before the Board of Veterans’ Appeals (Board) on appeal from a rating decision by a U.S. Department of Veterans Affairs (VA) Regional Office (RO).

A remand is warranted for additional medical inquiry into the claims on appeal.  

Although the Veteran underwent VA compensation examination into his claims in June 2015, a new examination should be provided to him.  The new examination should consider his lay assertions regarding the ways in which he believes he incurred knee and back disabilities during service.      

The matters are REMANDED for the following action:

1. Include in the claims file any VA medical evidence not currently of record.  

2. Schedule an examination to determine the nature and etiology of right knee and back disabilities.  After reviewing the claims file, examining the Veteran, and interviewing the Veteran, the examiner should address the following:

(a). What are the Veteran’s right knee and lower back disabilities?

(b). Is it at least as likely as not (i.e., probability of 50 percent or greater) that right knee and/or back disability is related to a disease, event, or injury during service?

In answering (b), discuss: the Veteran’s assertions that he was a truck driver while serving and started experiencing back problems when he had to sit in the same location for long hours while driving; that routine physical training including running and sit-ups aggravated back and knee pain; that running he engaged in while training to represent Ft. Polk at a marathon at the request of superiors caused or aggravated a right knee injury; the service treatment records showing a complaint of recurrent back pain at separation from service and showing that the Veteran was treated in September 1983 for right knee suprapatellar tendon injury, locking of the joint, including lacerations to the upper portions of the knee; and the Department of the Army medical records showing that the Veteran continued to complain of back pain after leaving service while he worked as a civilian security guard.  

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(c). Please explain in detail any opinion provided.

 

CHRISTOPHER MCENTEE

Acting Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	S. Khan, Associate Counsel