Citation Nr: 21000276 Decision Date: 01/05/21 Archive Date: 01/05/21 DOCKET NO. 16-53 259A DATE: January 5, 2021 ISSUES 1. Entitlement to service connection for right knee chondromalacia patella. 2. Entitlement to service connection for left knee chondromalacia patella. REMANDED Entitlement to service connection for right knee chondromalacia patella is remanded. Entitlement to service connection for left knee chondromalacia patella is remanded. REASONS FOR REMAND The Veteran had active duty service from April 1973 to August 1973. This case comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2013 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the undersigned during a September 2020 Board videoconference hearing; a copy of the transcript is of record. During this hearing, the record was held open for 90 days; the Veteran subsequently submitted additional private treatment records. The Board has accepted this additional evidence for inclusion into the record on appeal. See 38 C.F.R. § 20.800. The Board finds that additional evidentiary development is required before the issues on appeal are decided. The Veteran asserts that service connection is warranted for right knee and left knee chondromalacia patella as they are related to service. In response to his claim, a VA disability benefits questionnaire was completed in July 2013 without examination, the Veteran was afforded a VA examination in May 2016, and an addendum VA opinion was obtained in October 2016. It was noted in the May 2016 VA examination that the Veteran declined X-ray testing. However, the Veteran has consistently argued, to include in testimony before the undersigned, that he did not decline X-ray testing. The Board finds that the Veteran should be afforded a new VA examination on remand, to specifically include X-ray testing. The Board notes that a veteran is presumed in sound condition except for defects noted when examined and accepted for service. Clear and unmistakable evidence that the disability existed prior to service and was not aggravated by service will rebut the presumption of soundness. 38 U.S.C. § 1111; 38 C.F.R. § 3.304; VAOPGCPREC 3-2003. Here, the Board notes that in his enlistment examination, the Veteran’s knees were noted as normal on clinical evaluation. As such, the pertinent etiological question is whether any right and left knee disabilities diagnosed during the pendency of this appeal clearly and unmistakably existed prior to the Veteran’s service; if so, whether it is clear and unmistakable that such disorder did not undergo aggravation beyond its natural progression during such service. Moreover, the Board notes that the record indicates that the Veteran is in receipt of Social Security Administration (SSA) benefits. VA has a duty to obtain SSA records when it has actual notice that the Veteran is receiving SSA benefits. Murincsak v. Derwinski, 2 Vet. App. 363 (1992); see also 38 U.S.C. § 5103A (c)(3); 38 C.F.R. § 3.159 (c)(2); Diorio v. Nicholson, 20 Vet. App. 193, 199-200 (2006); Quartuccio v. Principi, 16 Vet. App. 183, 187 (2002). As these records may include information pertinent to the claim on appeal, these records should be requested on remand, and associated with the Veteran’s electronic claims file. The matters are REMANDED for the following action: 1. Undertake appropriate development to obtain any outstanding medical records pertaining to post-service treatment or examination of the Veteran for his claimed disability on appeal, to specifically include VA treatment records. If any of these records are found to be unavailable, this should be specifically noted in the claims file and the Veteran should be notified as to the unavailability of such records pursuant to 38 C.F.R. § 3.159 (e). 2. Obtain, directly from the SSA, complete copies of any determination on a claim for disability benefits from that agency as well as the records, including medical records, considered in adjudicating the claim. If any of these records are found to be unavailable, this should be specifically noted in the claims file and the Veteran should be notified as to the unavailability of such records pursuant to 38 C.F.R. § 3.159 (e). 3. Schedule the Veteran for a VA examination conducted by an appropriate health care provider to determine the nature and etiology of his claimed right knee and left knee chondromalacia patella. The electronic claims files, to include a copy of this remand, must be made available to and be reviewed by the examiner in conjunction with the examination. All necessary testing should be accomplished, as appropriate, to specifically include X-rays. The examiner should address the following: a) Based upon testing, to include X-ray results, provide a list of current diagnoses for the right and left knees. b) Opine whether any right and left knee disabilities diagnosed during the pendency of this appeal clearly and unmistakably existed prior to the Veteran’s service. c) If so, the examiner should provide an opinion as to whether it is clear and unmistakable that any such disorder did not undergo aggravation during service beyond its natural progression. d) If the examiner concludes that any such disorder did not clearly and unmistakable exist prior to service, the examiner should provide an opinion as to whether the disorder is as likely as not etiologically related to service. A full and complete rationale for all opinions expressed must be provided. 4. After completing the requested actions, and any additional notification and/or development deemed warranted, the RO should readjudicate the claims on appeal. If any benefit sought on appeal remains denied, the RO must furnish the Veteran and his attorney with an appropriate supplemental statement of the case and afford a reasonable opportunity for response. MICHAEL A. PAPPAS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board R.M.K., 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.