Citation Nr: 19164167 Decision Date: 08/19/19 Archive Date: 08/19/19 DOCKET NO. 16-22 022 DATE: August 19, 2019 REMANDED Entitlement to service connection for a neck or cervical spine disability is remanded. Entitlement to service connection for a low back disability is remanded. Entitlement to service connection for a left knee disability is remanded. REASONS FOR REMAND The Veteran had active service from May 1992 to November 1996. The Veteran presented sworn testimony during a video-conference hearing in March 2019 before the undersigned Veterans Law Judge. A transcript of that hearing has been associated with the claims file. Service connection for neck or cervical spine, low back, and left knee disabilities The Veteran contends that he has neck, low back, and left knee disabilities related to his active service. The Board finds there is insufficient evidence of record to adjudicate these claims, and a remand is necessary. The Veteran testified that he injured his neck, low back, and left knee in a documented accident during service in 1992. In correspondence received in April 2016, the Veteran thoroughly explained the incident that occurred in October 1992 where he was working on base as a lineman and fell down a utility pole around 40 feet and was injured. He explained that he only sought treatment for his ankle to make sure it was not broken, but did experience neck, low back, and left knee pain at that time. The Board notes that the Veteran’s left ankle disability has already been service-connected in conjunction with his original claim. Medical records submitted by the Veteran confirm that he has been diagnosed with degenerative disc disease (DDD) of his cervical spine, discogenic and spondylitic changes in his back, and a left knee consistent with a torn meniscus. Based on the discussion above, the Board finds that its duty to assist has been triggered and that the Veteran must be afforded examinations to determine the nature and etiology of his neck, low back, and left knee disabilities. The matters are REMANDED for the following action: 1. Obtain any outstanding VA treatment records. Also, contact the Veteran to determine whether there are any additional relevant private treatment records and procure any necessary authorizations for such records. Copies of all such available VA and private treatment records should be associated with the Veteran’s claims folder. 2. Then, schedule the Veteran for an appropriate examination of his cervical spine, and thoracolumbar spine, and left knee. The examiner should review the Veteran’s file in conjunction with this examination and should acknowledge such review in the examination report. The following should be addressed: (a.) Identify/diagnose any disability of the Veteran’s neck, low back, and left knee that presently exists or that has existed during the appeal period. In doing so, the examiner MUST discuss whether the Veteran has functional impairment of these areas. (b.) For each such identified disorder and/or functional impairment, the examiner must determine whether it is at least as likely as not (50% probability or better) that the condition(s) had its(their) onset in service or is(are) otherwise etiologically related to the Veteran’s service or to an incident therein. In so doing, the examiner must consider and address the Veteran’s in-service accident in October 1992 wherein his left ankle was injured and discuss whether his current neck, low back, and left knee conditions are consistent with a such a fall in October 1992. The examiner is advised that the Veteran is competent to report his symptoms and history and that such reports must be acknowledged and considered in formulating any opinion. A clear explanation for all opinions would be helpful, and a discussion of the facts and medical principles involved would be of considerable assistance to the Board. If the examiner is unable to provide an opinion, he or she should explain why. THERESA M. CATINO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M.E. Lee, 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.