Citation Nr: 21001952 Decision Date: 01/12/21 Archive Date: 01/12/21 DOCKET NO. 15-36 810 DATE: January 12, 2021 REMANDED Entitlement to service connection for a left knee disorder is remanded. Entitlement to service connection for a right knee disorder is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1954 to June 1958, November 1961 to August 1962, and February 1991 to June 1991, with additional Reserve service. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a rating decision issued in December 2012 by a Department of Veterans Affairs (VA) Regional Office (RO). In his October 2015 substantive appeal, the Veteran requested a hearing before a Veterans Law Judge. In March 2017, he was scheduled for such a hearing, but requested that it be cancelled and the Board accept written argument from his representative in lieu of his testimony. Therefore, the Veteran’s request for a Board hearing is considered withdrawn. 38 C.F.R. § 20.704(e). In June 2017, the Board remanded the case for additional development, and in May 2019, denied service connection for left and right knee disorders. Thereafter, the Veteran appealed such decision to the United States Court of Appeals for Veterans Claims (Court). In August 2020, the Court granted the Veteran’s and the Secretary of VA’s (the parties’) Joint Motion for Remand (JMR), which vacated and remanded the Board’s May 2019 decision. The case now returns to the Board for further appellate review. 1. Entitlement to service connection for a left knee disorder. 2. Entitlement to service connection for a right knee disorder. The Board finds that a remand is necessary to obtain potentially outstanding treatment records. In this regard, the parties to the August 2020 JMR found that, in its May 2019 decision, the Board noted that an August 2017 VA examiner relied upon a July 1998 bilateral knee X-ray conducted at Tyndall Air Force Base in formulating her opinion; but observed that “such record is not on file and, in a November 2018 statement, the Veteran reported that he … has not seen such report.” The parties found that, as the evidence of record established the existence of an outstanding, relevant treatment record, VA was required to attempt to obtain such record. Consequently, as no efforts to obtain such record have been undertaken to date, a remand is necessary in order to do so. The matters are REMANDED for the following action: Obtain the July 1998 bilateral knee X-ray conducted at Tyndall Air Force Base. All reasonable attempts should be made to obtain such records. If any records cannot be obtained after reasonable efforts have been made, issue a formal determination that such records do not exist or that further efforts to obtain such records would be futile, which should be documented in the claims file. The Veteran must be notified of the attempts made and why further attempts would be futile, and allowed the opportunity to provide such records, as provided in 38 U.S.C. § 5103A(b)(2) and 38 C.F.R. § 3.159(e). A. JAEGER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Koria B. Stanton, 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.