Citation Nr: 18100764 Decision Date: 04/20/18 Archive Date: 04/20/18 DOCKET NO. 13-05 129 DATE: April 20, 2018 ISSUES DECIDED: 0 ISSUES REMANDED: 2 REMANDED ISSUES The issues of entitlement to service connection for right knee and left knee disabilities are remanded for additional development. The Veteran had verified active service from December 10, 1992 to January 8, 1993. These matters are before the Board of Veterans’ Appeals (Board) on appeal from a December 2011 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In a February 2015 decision, the Board denied the Veteran’s claims for service connection for right and left knee disabilities. The Veteran appealed the decision to the United States Court of Appeals for Veterans Claims (Court). In a February 2018 memorandum decision, the Court vacated the February 2015 decision and remanded the claims to the Board for further adjudication. This appeal has been advanced on the Board’s docket pursuant to 38 C.F.R. § 20.900(c) (2017). 38 U.S.C. § 7107(a)(2) (2012). The record indicates that there are outstanding private treatment records. In July 2013, the Veteran submitted excerpts of treatment records from The Community Clinic of High Point, indicated that he received on going treatment from that provider, and provided a VA 21-4142 authorizing VA to obtain records from that facility. On remand, reasonable efforts should be made to obtain updated records from that provider. A March 4, 2015 Social Security Administration (SSA) correspondence indicates that the Veteran had applied for disability benefits. To date, the Veteran’s SSA records have not been requested or otherwise associated with the claims file. Accordingly, such records should be requested on remand. See Murincsak v. Derwinski, 2 Vet. App. 363, 369-70 (1992). Additionally, the Board notes that service personnel records could provide additional information surrounding the Veteran’s discharge from service. Such records should be requested on remand. Finally, in light of the Court’s memorandum decision, the Board finds that another VA knee examination is warranted. The matters are REMANDED for the following actions: 1. Ask the Veteran to provide the names and addresses of all medical care providers who have treated him his disabilities on appeal, to include records from The Community Clinic of High Point. After securing any necessary releases, the AOJ should request any relevant records identified. In addition, obtain any updated VA treatment records. If any requested records are unavailable, the Veteran should be notified of such. 2. Request the Veteran’s service personnel folder through appropriate sources. If the requested records are not available, the Veteran should be notified of such. 3. Request all documents pertaining to any application by the Veteran for SSA disability benefits, including the medical records considered in deciding the claim. 4. After the above is completed to the extent possible, schedule the Veteran for a VA knee examination to address his right and left knee claims. The claims file must reviewed by the examiner in conjunction with the examination. All indicated tests, to including imaging studies, should be conducted and the results reported. If imaging studies are not warranted, the examiner should explain why. Following review of the claims file and examination of the Veteran, the examiner should provide the diagnoses for all knee conditions identified and then respond to the following: (a.) For the Veteran’s genu varus, state whether it underwent a permanent increase in severity during active service (as opposed to a temporary exacerbation of symptoms). The examiner should explain why or why not. (b.) If the examiner finds that the Veteran’s preexisting genu varus increased in severity during active service, state whether the worsening was undebatably due to the natural progress of the condition (versus being the result of in-service activities). Please explain why or why not, to include discussing the normal progression of genu varus. (c.) For any diagnosed right or left knee disability other than genu varus, to include degenerative joint disease and patellofemoral syndrome, state whether it is at least as likely as not (50 percent probability or more) that such condition is etiologically related to service, to include the knee complaints therein. The examiner should explain why or why not. 5. After completing the above actions and any other development deemed necessary, readjudicate the claims. If the benefits sought on appeal remain denied, the Veteran should be provided with a supplemental statement of the case. An appropriate period should be allowed for response. K. A. BANFIELD Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. Anderson, Counsel