Citation Nr: 21064591 Decision Date: 10/20/21 Archive Date: 10/20/21 DOCKET NO. 17-21 416 DATE: October 20, 2021 ORDER The application to reopen the previously denied claim of entitlement to service connection for a right knee disorder is granted. REMANDED Entitlement to service connection for a right knee disorder is remanded. Entitlement to service connection for a right wrist condition is remanded. FINDING OF FACT The newly obtained medical records show that the Veteran has a current right knee disorder. CONCLUSION OF LAW New and material evidence has been received to reopen the claim of entitlement to service connection for a right knee disorder. 38 U.S.C. §§ 5108, 7105; 38 C.F.R. § 3.156. . REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from June 2006 to September 2007 and from November 2011 to January 2013. 1. Entitlement to service connection for a right knee disorder is reopened. The Veteran seeks service connection for a right knee disorder. The RO denied this claim in a September 2008 rating decision. The Veteran did not appeal the decision.. Therefore, the prior denial of service connection for a right knee disorder is now final, and the Veteran's claim for service connection may only be reopened if new and material evidence is received. 38 U.S.C. § 7105(c); 38 C.F.R. § 20.1103 (2018). "New" evidence means existing evidence not previously submitted to agency decision makers. "Material" evidence means existing evidence that, by itself or when considered with previous evidence of record, relates to an unestablished fact necessary to substantiate the claim. New and material evidence can be neither cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened and must raise a reasonable possibility of substantiating the claim. See Shade v. Shinseki, 24 Vet. App. 110, 118 (2010). When evaluating the materiality of newly-submitted evidence, the Board should not focus solely on whether the evidence remedies the principal reason for denial in the last prior decision, but rather should consider whether such evidence, in its entirety, could at least trigger the duty to assist by providing a medical opinion. See Shade, 24 Vet. App. at 117. Moreover, when determining whether a claim should be reopened, the credibility of any newly submitted evidence is to be presumed. See Justus v. Principi, 3 Vet. App. 510, 513 (1992). The September 2008 final rating decision denied service connection for a right knee disorder on the basis that the Veteran failed to report for a VA medical examination of the right knee. The evidence obtained since the final September 2008 rating includes a June 2008 report of a VA medical examination of the right knee. The Board is unable to discern why the examination report was not of record at the time of the September 2008 final rating decision. Regardless, as the "missing" examination report has now been obtained, it is considered to be new and material evidence to reopen the Veterans claim. Accordingly, new and material evidence has been received and the Veteran's claim for service connection for a right knee disorder is reopened. REASONS FOR REMAND 1. Entitlement to service connection for a right knee disorder. 2. Entitlement to service connection for a right wrist disorder. The Veteran's current claim for service connection for right knee and right wrist conditions was received in January 2013. The Veteran asserts that he has a current right knee disorder due to his knee being hit by a tire while on active duty in November 2006. The Veteran maintains that he has a current right wrist disorder due to a right wrist injury while on active duty in 2012. It is clear from the record that the Veteran's complete service treatment records (STR) have not been obtained and associated with the record. The Veteran's complete STR should be obtained, including examination report for entry into service, any periodic examination reports, and any separation examination reports. A service personnel record (SPR) in the Veteran's file discusses the Veteran's right knee and right wrist complaints. (See SPR document dated November 2, 2012, which was added to the Veteran's file on July 12, 2013). In case there are any more pertinent documents in the Veteran's service personnel record, his complete service personnel record should be obtained and associated with the record. The Veteran should be provided new VA medical examinations that take into consideration the additional STRs obtained and which provide opinions regarding etiology of the Veteran's right knee and right wrist disorders. Additionally, there are conflicting medical opinions regarding the etiology of the Veteran's claimed right knee and right wrist disorders. Once the additional evidence described above has been obtained, the Veteran should be provided VA examinations regarding the etiology of the Veteran's right knee and right wrist disorders. The matters are REMANDED for the following action: 1. Obtain the Veteran's updated VA treatment records and associate them with the record. 2. Obtain the Veteran's complete service treatment records, including examination report for entry into service, any periodic examination reports, and any separation examination reports. This should include his STR beginning from his entry into the Reserves until his discharge from the Reserves. 3. Obtain the Veteran's service personnel records and associate them with the record. 4. When the above actions have been accomplished, provide the Veteran a VA medical examination of the right knee. Based on the examination results and a review of the record, the examiner should diagnose any/all current right knee disorders present. The examiner must provide an opinion as to whether it is at least as likely as not (50 percent probability or more) that the Veteran has a right knee disorder that is related to the Veteran's documented in-service right knee injury. The supporting rationale for all opinions expressed must be provided. The examiner should specifically discuss the August 2008 VA examination report, the February 2014 VA examination report, the April 2017 knee DBQ, and the June 7, 2017 opinion of Dr. Shane Seroyer. If the Veteran fails to report for the examination, provide the requested opinion based on a review of the record. 5. When the above actions have been accomplished, provide the Veteran a VA medical examination of the right wrist. Based on the examination results and a review of the record, the examiner should diagnose any/all current right wrist disorders present. The examiner must provide an opinion as to whether it is at least as likely as not (50 percent probability or more) that the Veteran has a right wrist disorder that is related to the Veteran's documented in-service right wrist injury. The supporting rationale for all opinions expressed must be provided. The examiner should specifically discuss the February 2014 VA examination report, the April 2017 wrist DBQ, and the November 12, 2018 opinion of Dr. Shane Seroyer. If the Veteran fails to report for the examination, provide the requested opinion based on a review of the record. G. A. WASIK Veterans Law Judge Board of Veterans' Appeals Attorney for the Board R. E. Jones, 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.