Citation Nr: 20082003 Decision Date: 12/31/20 Archive Date: 12/31/20 DOCKET NO. 14-24 913A DATE: December 31, 2020 REMANDED Entitlement to service connection for a right ankle disability is remanded. Entitlement to service connection for a right knee disability is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1969 to August 1971. The record also indicates that the Veteran served in the National Guard via a July 1984 enlistment examination. This matter again comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2012 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Montgomery, Alabama. The Board denied the Veteran’s above-mentioned claims in a June 2018 decision. The Veteran appealed the denial to the United States Court of Appeals for Veterans Claims (Court). By way of an August 2020 Order, the Clerk of Court issued a Joint Motion for Partial Remand (JMPR). The case has now returned to the Board. 1. Entitlement to service connection for a right ankle disability is remanded. 2. Entitlement to service connection for a right knee disability is remanded. In the August 2020 JMPR, the parties agreed that the Veteran’s June 2009 and April 2014 VA examinations regarding the etiologies of his right ankle disability and right knee disability were inadequate, as they did not consider all pertinent relevant evidence of record, including the Veteran’s in-service documentation of right ankle injuries and diagnosis of reactive arthritis and chondromalacia of the right knee. Furthermore, the Board notes that there is a July 1984 examination of record indicating the Veteran’s enlistment into the National Guard in addition to other service treatment records (STRs) dated after the Veteran’s separation from active service. Even though there are service treatment records and service personnel records associated with the file revealing the Veteran’s education, performance, assignments, points, and awards, the precise dates of all periods of active duty service, active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA) are not available. On remand, the Agency of Original Jurisdiction (AOJ) should confirm the Veteran’s periods of active duty service, ACDUTRA, and INACDUTRA. Additionally, the Board notes that, according to the April 2014 examiner, the Veteran was found to have arthritis in his right knee by the 1990s and that he saw an orthopedic surgeon. However, the earliest available post-service medical records regarding the Veteran’s conditions are dated August 2004. Thus, the Board requests on remand that the Veteran’s outstanding VA and private medical records, both from before August 2004 and from January 2012 (the date of the Veteran’s most recent post-service medical records on file) to the present, be obtained and associated with the claims file. After said periods of active duty service, ACDUTRA, and INACDUTRA are confirmed and outstanding records are obtained, the Board requests addendum opinions regarding the natures and etiologies of the Veteran’s current right knee disability and right ankle disability. The matters are REMANDED for the following action: 1. The AOJ should determine the specific dates of when the Veteran served on active duty service, ACDUTRA, and/or INACDUTRA. Records providing retirement points will NOT represent compliance with this instruction. Then, issue a memorandum for inclusion in the claims file detailing each period of verified active military service, whether on active duty, ACDUTRA, or INACDUTRA. All medical treatment records associated with the Veteran’s National Guard service should also be obtained. 2. Request the Veteran to identify any and all outstanding and/or updated VA and/or private medical records related to his right knee condition and right ankle condition, including from prior to August 2004 and from January 2012 to the present. Appropriate efforts must be made to obtain these records if he has adequately identified them and authorized their release (with respect to any private medical records). He should also be invited to submit these records himself. All actions to obtain the requested records must be fully documented in the claims file. If they cannot be located or no such records exist, the Veteran and his representative should be so notified in writing. 3. After completing the foregoing development, forward the claims file to an appropriate clinician to ascertain the nature and etiology of the Veteran’s right ankle disability. The entire claims file, including a copy of this remand, must be made available to the clinician, who must note its review. If the clinician determines that a new examination (or telehealth interview, etc., if an in-person examination is not feasible) would be beneficial, one is to be provided. The clinician should identify any and all ankle condition(s) attributable to the Veteran throughout the appellate period. For each condition so identified, the clinician should opine as to whether it is at least as likely as not (50 percent or greater probability) that the Veteran’s right ankle condition manifested during, or is the result of, his active duty service, ACDUTRA, and/or INACDUTRA. In formulating his or her opinion, the clinician should consider and address all competent medical and lay evidence of record, including, but not limited to: (a) The Veteran’s service treatment records, including but not limited to: (i) A May 1971 Report of Medical History wherein the Veteran reports swollen or painful joints and cramps in his legs; (ii) A June 1971 Consultation Sheet wherein the Veteran reports ankle pain “secondary to sprain” and diagnosing the Veteran with chondromalacia of the right patella; (iii) A July 1984 Report of Medical Examination noting no issues with the Veteran’s ankle; and (iv) A July 1984 Report of Medical History in which the Veteran does not report ankle conditions; (b) The Veteran’s post-service VA medical records; (c) The Veteran’s post-service private medical records; and (d) The Veteran’s competent lay statements regarding the onset and continuity of his right ankle symptomatology. If the clinician determines that the Veteran’s right ankle condition(s) is/are less likely than not due to active duty service, ACDUTRA, and/or INACDUTRA, the clinician should discuss what other factor(s) caused the disorder(s). The clinician should provide a comprehensive report that includes a complete rationale for all opinions and conclusions reached. 4. Forward the claims file to an appropriate clinician to ascertain the nature and etiology of the Veteran’s right knee disability. The entire claims file, including a copy of this remand, must be made available to the clinician, who must note its review. If the clinician determines that a new examination (or telehealth interview, etc., if an in-person examination is not feasible) would be beneficial, one is to be obtained. The clinician should identify any and all right knee condition(s) attributable to the Veteran throughout the appellate period. For each condition so identified, the clinician should opine as to whether it is at least as likely as not (50 percent or greater probability) that the Veteran’s right knee condition manifested during, or is the result of, his active duty service, ACDUTRA, and/or INACDUTRA. In formulating his or her opinion, the clinician should consider and address all competent medical and lay evidence of record, including but not limited to: (a) The Veteran’s service treatment records, including but not limited to: (i) A May 1974 Report of Medical History wherein the Veteran reports swollen or painful joints and cramps in his legs; (ii) A May 1974 service medical record diagnosing the Veteran with reactive arthritis; and (iii) A June 1971 Consultation Sheet diagnosing the Veteran with chondromalacia of the right patella; (b) The Veteran’s post-service VA medical records; (c) The Veteran’s post-service private medical records; and (d) The Veteran’s competent lay statements regarding the onset and continuity of his right knee symptomatology. If the clinician determines that the Veteran’s right knee condition(s) is/are less likely than not due to active duty service, ACDUTRA, and/or INACDUTRA, the clinician should discuss what other factor(s) caused the disorder(s). The clinician must provide a comprehensive report that includes a complete rationale for all opinions and conclusions reached. DUSTIN L. WARE Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Seserman 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.