Citation Nr: 20003540 Decision Date: 01/16/20 Archive Date: 01/15/20 DOCKET NO. 11-33 116 DATE: January 16, 2020 REMANDED Entitlement to service connection, to include on a secondary basis, for bilateral hip disorder is remanded. Entitlement to service connection, to include on a secondary basis, for right knee disorder is remanded. Entitlement to service connection, to include on a secondary basis, for left knee disorder is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from August 1983 to June 1985. These matters come before the Board of Veterans’ Appeals (Board) on appeal from a March 2010 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) and were previously remanded by the Board in January 2018. In its January 2018 remand, the Board instructed the Agency of Original Jurisdiction (AOJ) to schedule the Veteran for VA examinations to determine the nature and etiology of his claimed bilateral hip and bilateral knee disorders. Review of the record reflects an October 2019 request from VA that the Veteran be scheduled for these examinations, as well as a November 2019 supplemental statement of the case (SSOC) indicating that the Veteran failed to respond to the examination scheduling notification. Additionally, post-service VA treatment records uploaded to the Veteran’s claims file on November 15, 2019 contain an October 9, 2019 notice to the Veteran by VA requesting that he respond to schedule his VA examinations. However, it is unclear as to whether the Veteran was properly notified of VA’s request to schedule the examinations, as the October 9, 2019 notice is included as part of the Veteran’s post-service VA treatment records, rather than as a separate notice in the Veteran’s claims file. Further, in the Veteran’s December 2019 informal hearing presentation (IHP), his representative requests that the Veteran’s VA examinations be rescheduled, which also suggests that the Veteran may not have received the October 9, 2019 notice to schedule his examinations. As such, a remand is required to schedule the Veteran for VA examinations in compliance with the Board’s January 2018 remand directives. See Stegall v. West, 11 Vet. App. 268 (1998). Notice of the examinations must also be associated with the claims file. The matters are REMANDED for the following action: 1. With any necessary identification of sources and authorization by the Veteran, request all VA and private treatment records for the Veteran not already associated with the file. Copies of any outstanding VA and private treatment records should be added to the Veteran's electronic claims file. 2. Thereafter, schedule the Veteran for a VA examination by an examiner with appropriate expertise to determine the nature and etiology of any diagnosed bilateral hip disability. The Veteran’s electronic claims file must be accessible for review by the VA examination in conjunction with the examination. A complete history from the Veteran should be obtained and recorded. All testing deemed necessary by the examiner should be performed and the results reported in detail. A detailed rationale for all opinions should be provided. Following the review of the claims file and examination of the Veteran, the examiner is then requested to respond to the following: a. Is it at least as likely as not (a 50 percent probability or greater) that any diagnosed bilateral hip disability had its onset in service or is otherwise directly related to service? b. Is it at least as likely as not (a 50 percent probability or greater) that any diagnosed bilateral hip disability is proximately due to or caused by the Veteran’s service-connected disabilities, to include bilateral pes planus and lumbar spine? c. Is it at least as likely as not (a 50 percent probability or greater) that any diagnosed bilateral hip disability is aggravated (made worse beyond its natural progression) by the Veteran’s service-connected disabilities, to include bilateral pes planus and lumbar spine? If aggravation is found, the examiner should attempt to quantify the degree of additional disability resulting from the aggravation. 3. Schedule the Veteran for a VA examination by an examiner with appropriate expertise to determine the nature and etiology of any right and/or left knee disability. The Veteran’s electronic claims file must be accessible for review by the VA examination in conjunction with the examination. A complete history from the Veteran should be obtained and recorded. All testing deemed necessary by the examiner should be performed and the results reported in detail. A detailed rationale for all opinions should be provided. Following the review of the claims file and examination of the Veteran, the examiner is then requested to respond to the following: a. Is it at least as likely as not (a 50 percent probability or greater) that any diagnosed right and/or left knee disability had its onset in service or is otherwise directly related to service? b. Is it at least as likely as not (a 50 percent probability or greater) that any diagnosed right and/or left knee disability is proximately due to or caused by the Veteran’s service-connected disabilities, to include bilateral pes planus and lumbar spine? c. Is it at least as likely as not (a 50 percent probability or greater) that any diagnosed right and/or left knee disability is aggravated (made worse beyond its natural progression) by the Veteran’s service-connected disabilities, to include bilateral pes planus and lumbar spine? If aggravation is found, the examiner should attempt to quantify the degree of additional disability resulting from the aggravation. In rendering the requested opinions, the examiner should consider the Veteran’s service treatment records, which reflect May 1985 treatment for left knee instability. 4. After completing all indicated development, the AOJ should readjudicate the Veteran’s claims. If the benefits sought on appeal remain denied, the Veteran should be furnished with a supplemental statement of the case, given the opportunity to respond, and the case should thereafter be returned to the Board for further appellate review, if warranted. KELLI A. KORDICH Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Houle, 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.