Citation Nr: A19002032 Decision Date: 10/17/19 Archive Date: 10/17/19 DOCKET NO. 190215-3536 DATE: October 17, 2019 REMANDED Entitlement to service connection for left knee disability, to include arthritis, is remanded. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the U.S. Army from September 1980 to June 1982. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2019 RAMP rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). In August 2018, the Veteran elected to participate in the Rapid Appeals Modernization Program (RAMP), selecting the Supplemental Claim Review Lane. Following the denial of the issue in a January 2019 rating decision, the Veteran appealed his claim to the Board and elected the evidence submission lane. The 90-day evidence submission window has expired. In the January 2019 Appeals Modernization Act (AMA) rating decision on appeal, the Agency of Original Jurisdiction (AOJ) found that new and relevant evidence was submitted to warrant readjudicating the claim for service connection for left knee disability. The Board is bound by this favorable finding. 38 C.F.R. § 3.104(c). REASONS FOR REMAND Entitlement to service connection for left knee disability, to include arthritis, is remanded. Under the AMA, the Board must remand to the AOJ to correct pre-decisional duty to assist errors. See 38 C.F.R. § 20.802(a). The Veteran contends his left knee disability is related to service. During his separation medical examination in May 1982, the Veteran reported that his knee locked and was painful. He also reported experiencing pain when he ran. The AOJ found that the Veteran has a current diagnosis of moderate osteoarthritis of the left knee. See 38 C.F.R. § 3.104(c). Additionally, the Veteran submitted a diagnosis of meniscectomy of the left side. See Medical Treatment Records, dated November 2017. Hence, the question in this case is whether a causal relationship or nexus exists between the Veteran’s left knee disability and his active service. The Veteran’s claim for entitlement to service connection for left knee disability was denied because the AOJ did not find a causal link between the Veteran’s unspecified in-service knee pain and his current left knee arthritis condition; however, the Veteran has not yet been afforded a VA examination for his left knee disability. The Board finds that there is evidence to demonstrate that the Veteran has a current left knee disability that may be related to an injury incurred in service. As such, this evidence triggers the VA’s duty to provide the Veteran with a VA examination. See McLendon v. Nicholson, 20 Vet. App. 79 (2006). Therefore, the Board finds that a pre-decisional duty to assist error was committed insofar as the Veteran was not scheduled for a VA examination. Thus, the issue on appeal is remanded so the Veteran can be afforded an appropriate VA examination prior to adjudication. 38 C.F.R. § 20.802(a). The matters are REMANDED for the following action: Schedule the Veteran for a VA examination to determine the nature and etiology of his left knee disability. The Veteran’s claim file, including a copy of this remand, must be made available to and reviewed by the examiner. The examination report must reflect that such a review was undertaken. All indicated tests and studies should be accomplished, and all clinical findings should be reported in detail. (a.) Please identify each left knee disability affecting the Veteran during the period on appeal. (b.) The examiner must provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that the Veteran’s left knee disability is causally related to the Veteran’s military service. In providing this opinion, the examiner should consider and address the Veteran’s lay statements concerning the onset and continuity of his symptomatology. (Continued on the next page)   The examiner must provide a comprehensive report including complete rationales for all opinions and conclusions reached, citing the objective medical findings leading to the conclusions. ANTHONY C. SCIRÉ, JR Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board E. Fairlie, Associate Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.