Citation Nr: 19123747
Decision Date: 03/29/19	Archive Date: 03/29/19

DOCKET NO. 17-44 326
DATE:	March 29, 2019

REMANDED

Entitlement to service connection for a left knee disorder is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 1997 to January 2001.

These matters come before the Board of Veterans’ Appeals (Board) on appeal from a March 2014 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran maintains that he injured his left knee in service as a result of rappelling off a tower.  Service treatment records appear to be complete and are absent for complaints, diagnoses, or treatment for a left knee injury.  However, in his July 2017 VA form 9, the Veteran indicated that after the injury he went to “BA and was on light duty for over 2 months.”  The Veteran maintains that his left knee disorder symptoms have continued since service.  

The Board finds that additional efforts should be made to ensure that all service treatment records are associated with the claims file.  The Veteran is asked to submit any records in his possession regarding the alleged in-service left knee injury. 

Further, post-service medical records show that the Veteran was initially seen by a VA medical facility in December 2014.  There are no private or VA treatment records dated prior to this date.  On remand, efforts should be made to obtain any treatment records dated from service separation in 2001 to the Veteran’s initial treatment at VA in 2014.  These records may shed some light on the Veteran’s left knee symptoms following service separation.  

The matters are REMANDED for the following actions:

1. The Agency of Original Jurisdiction should ensure that all service treatment records and service hospital records from all periods of verified active duty service have been associated with the claims file.

2. Contact the Veteran and request that he identify the names, addresses, and approximate dates of treatment for all VA and non-VA health care providers who have treated him for his left knee disorder – particularly between 2001 and 2014.  The Veteran should be requested to sign any necessary authorization for release of medical records to VA, and appropriate steps should be made to obtain any identified records.

3. Obtain any updated the VA treatment records from June 2017 to the present.

4. IF, AND ONLY IF, additional service treatment records and/or post-service treatment records are obtained regarding the left knee disorder, schedule the Veteran for an appropriate VA examination.  The claims folder must be provided to and reviewed by the examiner as part of the examination. 

(a.) The examiner should identify any diagnoses related to the left knee. 

(b.) For each diagnosis, the examiner should state whether it is at least as likely as not (50 percent or greater probability) that the diagnosed left knee disorder was incurred in service or is otherwise related to service.  

(c.) A thorough rationale must be provided for all opinions.

 

MICHELLE KANE

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	R. Casadei, Counsel