Citation Nr: 19123711 Decision Date: 04/01/19 Archive Date: 03/29/19 DOCKET NO. 17-58 486 DATE: April 1, 2019 REMANDED Entitlement to service connection for a low back disability is remanded. Entitlement to service connection for a right knee disability is remanded. Entitlement to service connection for a left knee disability is remanded. REASONS FOR REMAND The Appellant had active military service from May 1980 to May 1983. Entitlement to service connection for a low back disability is remanded. The Appellant, in his June 2014 claim, asserted entitlement to service connection for a low back disability on the basis that during service, he was assigned to the 101st Airborne Division where his duties consisted of surveying, with lots of walking and standing and repelling from helicopters, and during service in Korea, he was assigned to a mountain rescue team and did a lot of repelling with hard landings during training exercises. The Appellant’s service treatment records are silent for complaint, treatment, or diagnosis of a low back disability. His service personnel records indicate that he was awarded an Air Assault Badge in November 1980. His VA treatment records dated during the course of the appeal demonstrate complaints of low back pain. In June 2014, the Appellant underwent X-ray examination, for known degenerative disc disease of the lumbar spine, and in July 2017, he reported low back pain for ten years. Of record is a May 2017 record from the VA Medical Center (VAMC) indicating that the Appellant did not respond to their attempts to schedule him for a VA examination, however, in his November 2017 Substantive Appeal, he reported that he did not receive communication from VA as to his examinations and asserted that he would attend such. On remand, the Department of Veterans Affairs (VA) Regional Office (RO) should afford the Appellant an examination to determine the precise nature and etiology of his low back disability. Entitlement to service connection for a right knee disability and a left disability are remanded. The Appellant, in his June 2014 claim, asserted entitlement to service connection for a right knee disability and a left knee disability on the basis that during service, he was assigned to the 101st Airborne Division where his duties consisted of surveying, with lots of walking and standing and repelling from helicopters, and during service in Korea, he was assigned to a mountain rescue team and did a lot of repelling with hard landings during training exercises. The Appellant’s service treatment records are silent for complaint, treatment, or diagnosis of a right knee disability or a left knee disability. His service personnel records indicate that he was awarded an Air Assault Badge in November 1980. His VA treatment records dated during the course of the appeal demonstrate complaints of knee pain, most often, right knee pain. In October 2013, the Appellant was diagnosed with right knee degenerative joint disease, in April 2015, the Appellant complained of left knee pain while undergoing physical therapy for right knee osteoarthritis, and in July 2017, he reported right knee pain for ten years. Of record is a May 2017 record from the VAMC indicating that the Appellant did not respond to their attempts to schedule him for a VA examination, however, in his November 2017 Substantive Appeal, the Appellant reported that he did not receive communication from VA as to his examinations and asserted that he would attend such. On remand, the RO should afford the Appellant an examination to determine the precise nature and etiology of his right knee disability and left knee disability. The Appellant’s most recent VA treatment records available for Board review are dated in June 2017; on remand, the RO should obtain his updated VA treatment records. The matters are REMANDED for the following action: 1. Obtain the Appellant’s VA treatment records for the period from June 2017 to the present. 2. Schedule the Appellant for an examination by an appropriate clinician to determine the nature and etiology of any low back disability. All indicated tests and studies must be completed. (a) The examiner must diagnose any disability of the low back found present, including, but not limited to, degenerative disc disease, specifically considering and discussing whether any testing reveals arthritis of the lumbar spine. (b) For any low back disability, including, but not limited to, degenerative disc disease, the examiner must opine whether it is at least as likely as not that such disability is related to an in-service injury, event, or disease, considering the Appellant’s lay statements describing his in-service experiences surveying, with lots of walking and standing and repelling from helicopters, and training with a mountain rescue team with a lot of repelling with hard landings. (c) For any arthritis of the low back, the examiner must opine as to whether it is at least as likely as not that such: (1) was manifest to a compensable degree within one year of separation from service in May 1983; or (2) has existed continuously, considering the symptoms thereof, from the time of separation from service to the present. 3. Schedule the Appellant for an examination by an appropriate clinician to determine the nature and etiology of any disability of any right knee and left knee. All indicated tests and studies must be completed. (a) The examiner must diagnose any disability of the left knee and any disability of the right knee found present, including, but not limited to, degenerative joint disease and osteoarthritis of the right knee, specifically considering that pain alone may suffice, and discuss the Appellant’s functional loss or impairment of the left knee, if any, and discuss whether the left knee pain of which he has complained results in functional impairment such that the left knee pain may be considered a disability for VA compensation purposes. (b) For any diagnosed disability of the right knee and left knee, or left knee pain that results in functional impairment such that the left knee pain may be considered a disability for VA compensation purposes, the examiner must opine whether it is at least as likely as not that such disability is related to an in-service injury, event, or disease, considering the Appellant’s lay statements describing his in-service experiences surveying, with lots of walking and standing and repelling from helicopters, and training with a mountain rescue team with a lot of repelling with hard landings. (c) For the Appellant’s right knee degenerative joint disease and/or osteoarthritis and for any left knee arthritis found, the examiner must opine as to whether it is at least as likely as not that such: (1) was manifest to a compensable degree within one year of separation from service in May 1983; or (2) has existed continuously, considering the symptoms thereof, from the time of separation from service to the present. P.M. DILORENZO Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD M. Purdum