Citation Nr: 18123734
Decision Date: 08/02/18	Archive Date: 08/02/18

DOCKET NO. 15-20 152
DATE:	August 2, 2018
REMANDED
Entitlement to service connection for a right knee disability is remanded.
REASONS FOR REMAND
The AOJ reported service as active duty from June 1978 to October 1978, August 2004 to March 2007, and August 2008 to November 2009.  He also reported National Guard duty which will be clarified on remand. 
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2011 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).
In September 2015, the Veteran testified at a Travel Board hearing held at the RO before the undersigned Veterans Law Judge (VLJ).  A transcript of the hearing is associated with the record.
Right knee disability
The Veteran contends that he has a right knee disability that is related to his service, in particular from injuring his right knee in Southwest Asia during his period of service from August 2008 to November 2009.  Although the Veteran’s available service treatment records do not document treatment for the right knee, the Veteran’s personnel records confirm his service in Southwest Asia.  Moreover, the Veteran reported muscle aches on his August 2009 service post-deployment health assessment which he indicated at the September 2015 Board hearing as being related to his right knee.  The Board further notes that following the Veteran’s period of active service, he was treated for a right medial meniscus tear in April 2010.  
The Board additionally notes that during the September 2015 Board hearing, the Veteran testified that he was currently on National Guard duty.  See the September 2015 Board hearing transcript, page 9.  The Board observes that the most recent National Guard records are dated prior to the Veteran’s active service from August 2008 to November 2009.  Therefore, the Board finds that on remand, the Veteran’s periods of National Guard service should be clarified and outstanding personnel and treatment records pertaining to the National Guard service should be obtained and associated with the claims folder.  
Finally, during the September 2015 Board hearing, the Veteran testified that he currently receives medical treatment for his right knee.  Id. at page 6.  The Board observes that the most recent medical treatment records associated with the claims folder are VA treatment records dated March 2015.  Thus, the Board finds that current outstanding medical treatment records should be obtained and associated with the claims folder.
The matter is REMANDED for the following action:
1. Request the Veteran to provide authorization to obtain any outstanding, relevant medical treatment records, to include records identified by the Veteran during the September 2015 Board hearing.  After securing the necessary authorization, these records should be requested.  If any records are not available, the Veteran should be notified of such. 
2. Verify the Veteran’s periods of recognized Federal National Guard duty and obtain any associated outstanding personnel and treatment records. (If there is recognized Federal service, a determination regarding aggravation may have to be made.)
If any service treatment records are unavailable, notify the Veteran of such and of alternate sources of evidence that can supplement the available records.    
3. The AOJ should verify service from June 1978 to October 1978, the AOJ has noted such service as active duty.  However, the dates appear consistent with ACDUTRA.
4. Review the claims file to ensure that all the foregoing requested development is completed, and arrange for any additional development indicated. Then readjudicate the claim on appeal.  If the benefit sought remains denied, issue an appropriate supplemental statement of the case.  

 
H. N. SCHWARTZ
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Arif Syed, Counsel