Citation Nr: 18124455 Decision Date: 08/07/18 Archive Date: 08/07/18 DOCKET NO. 14-31 835 DATE: August 7, 2018 REMANDED Entitlement to service connection for a back disability is remanded. Entitlement to a compensable rating prior to March 11, 2015, and in excess of 10 percent thereafter for right knee patellofemoral pain syndrome is remanded. Entitlement to a compensable rating prior to March 11, 2015, and in excess of 10 percent thereafter for left knee patellofemoral pain syndrome is remanded. REASONS FOR REMAND The Veteran had active military service from September 1998 to September 2002, February 2003 to May 2004, and August 2008 to September 2009. These matters come before the Board of Veterans’ Appeals (Board) on appeal from an October 2013 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Boston, Massachusetts. In connection with this appeal, the Veteran testified at a videoconference hearing before a Veterans Law Judge (VLJ) in October 2017 and accepted that hearing in lieu of an in-person hearing before a member of the Board. A transcript of that hearing has been associated with the claims file. In June 2018, the Board advised the Veteran that the VLJ who presided over his hearing was no longer employed by the Board and offered him the opportunity for a hearing before a new VLJ. To date, the Board has not received a response from the Veteran. Accordingly, the appeal has been reassigned to the undersigned VLJ for adjudication based on the evidence of record. 1. Entitlement to service connection for a back disability. The Veteran has contended that his back disability is related to his active service. Specifically, he testified that he began to experience problems with his back as a truck driver during service. He stated that he drove close to two million miles and he constantly hopped up on and down from trucks. Additionally, he reported that he was constantly shaken inside the cab while driving. Service treatment records are silent for any in-service complaints of, treatment for, or diagnosis of a back disability. Post-service VA X-ray findings revealed that the Veteran had slight thoracic spinal degenerative changes and possible sacroiliitis of his lumbar spine in April 2013. In light of the Veteran’s assertions that his back pain originated in service and has continued since that time, and the post-service diagnosis showing that the Veteran had degenerative changes in his thoracic spine and signs of lumbar sacroiliitis; the Board finds that the Veteran should be afforded a VA examination to determine the nature and etiology of any currently present back disability. McLendon v. Nicholson, 20 Vet. App. 79, 81 (2006). 2. Entitlement to increased ratings for right and left knee patellofemoral pain syndrome. A review of the record shows that the Veteran was last afforded a VA examination for his bilateral knee disabilities in March 2017. VA examinations for musculoskeletal disability must include joint testing for pain on both active and passive motion, in weight bearing and non-weight bearing and, if possible, with range of motion measurements of the opposite undamaged joint. Correia v. McDonald, 28 Vet. App. 158 (2016); 38 C.F.R. § 4.59 (2017). The Board has reviewed the March 2017 VA examination report and concludes that the findings do not meet the requirements of 38 C.F.R. § 4.59 pursuant to Correia. Therefore, further examination is necessary. The matters are REMANDED for the following action: 1. Identify and obtain any pertinent, outstanding VA and private treatment records and associate them with the claims file. 2. Then, schedule the Veteran for a VA examination to determine the nature and etiology of any currently present back disability. The claims file must be made available to, and reviewed by the examiner. Any indicated studies should be performed. Based on the examination results and the review of the record, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent or better probability) that any currently present back disability is etiologically related to the Veteran’s active service. The examiner should also provide an opinion as to whether it is at least as likely as not (50 percent or better probability) that any currently present back disability was caused or chronically worsened by a service-connected disability, to include any altered gait and/or body mechanics resulting from such. The rationale for all opinions expressed must be provided. 3. Then, schedule the Veteran for a VA examination to determine the current level of severity of all impairment resulting from his service-connected knee disabilities. The claims file must be made available to, and reviewed by the examiner. Any indicated studies must be performed. The examiner should provide all information required for rating purposes. 4. Confirm that the VA examination reports and all medical opinions provided comport with this remand, and undertake any other development determined to be warranted. 5. Then, readjudicate the claims on appeal. If a decision remains adverse to the Veteran, issue a supplemental statement of the case and allow the appropriate time for response. Then, return the case to the Board. Kristin Haddock Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD D. Ware, Associate Counsel