Citation Nr: 21065562 Decision Date: 10/26/21 Archive Date: 10/26/21 DOCKET NO. 14-28 335 DATE: October 26, 2021 REMANDED Entitlement to service connection for a left knee disability is REMANDED. Entitlement to service connection for a right knee disability is REMANDED. REASONS FOR REMAND The Veteran served on active duty in the United States Marine Corps from October 1974 to August 1976. Upon review of the record, the Board concludes that further evidentiary development is necessary. A remand is necessary to ensure VA provides the Veteran with appropriate assistance in developing his claims prior to final adjudication. Entitlement to service connection for bilateral knee disabilities is remanded. In June 2011, the Veteran submitted a VA Form 21-4138. Therein, the Veteran initiated a claim for service connection for a "bilateral knee condition". In July 2020, the Board addressed the Veteran's claims for service connection for bilateral knee disabilities. At that time, the Board found that the weight of the evidence stood against a finding that the Veteran's currently diagnosed bilateral knee degenerative arthritis and/or meniscal tears either began during, or was otherwise caused by, service in the U.S. Marine Corps. In May 2021, the Court of Appeals for Veterans' Claims (Court) granted a Joint Motion for Remand (JMR). The JMR noted that, "vacatur and remand are warranted because the Board erred when it relied on the inadequate October 2019 VA medical opinion . . .." By granting the JMR, the Court remanded the claim to obtain a VA examination report that complied with Miller v. Wilkie, 21 Vet. App. 249, 258 (2020). In light of the May 2021 JMR, the Board concludes that a remand is warranted at this time. Consequently, the matters are REMANDED to the agency of original jurisdiction (AOJ) for the following action: 1. Contact the Veteran, and, with his assistance, identify any outstanding records of pertinent medical treatment from VA, Federal, or private health care providers. With the Veteran's assistance obtain copies of any pertinent records and add them to the claims file. Follow the procedures for obtaining the records set forth by 38 C.F.R. § 3.159 (c) (2020). If VA attempts to obtain any outstanding records which are unavailable, the Veteran should be notified in accordance with 38 C.F.R. § 3.159 (e). 2. Thereafter, schedule the Veteran for a VA examination to determine the nature and etiology of any currently endured left and right knee disorders. The claims file should be made available to, and be reviewed by, the examiner, and it should be confirmed that such records were thoroughly reviewed. The examiner should: For any current knee disorder(s) identified, indicate whether the disorder is at least as likely as not (a 50 percent probability or greater) related to the Veteran's service in the United States Marine Corps. An explanation for all opinions expressed must be provided. All opinions must specifically take into account the Veteran's own history and contentions. At a minimum, the examiner must address the Veteran's report that his injuries from Basic training caused his current bilateral knee disorders, and that excessive physical training, running, and exercising during service eventually took a toll on his knees. The examiner must also address Veteran's report that his current bilateral knee condition was due to injuries, excessive training, and repetitive use during military service. In short, the examiner must address the Veteran's lay reports regarding any current bilateral knee condition(s). If the examiner contests the Veteran's lay reports, regarding the in-service incurrence of any identified current knee disorder, a full explanation must be provided. 3. The AOJ must ensure that the examination report(s) requested above is in compliance with the directives of this remand. If any report or opinion is deficient in any manner, the AOJ must implement corrective procedures at once. 4. Thereafter, the AOJ should consider all of the evidence of record and readjudicate the claims for service connection for left and right knee disabilities. If the benefits sought are not granted, the AOJ must then issue a Supplemental Statement of the Case (SSOC) and allow the Veteran and his representative an opportunity to respond. After the Veteran has had adequate opportunity to respond, the appeal must be returned to the Board for further appellate review. DAVID L. WIGHT Veterans Law Judge Board of Veterans' Appeals Attorney for the Board RLBJ, 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.