Citation Nr: 21069806 Decision Date: 11/19/21 Archive Date: 11/19/21 DOCKET NO. 18-50 771 DATE: November 19, 2021 REMANDED Entitlement to service connection for a right knee disability is remanded. Entitlement to service connection for a left knee disability is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1979 to September 1986 with additional service in the National Guard and in the Reserves. This case comes before the Board of Veterans' Appeals (Board) on appeal from a July 2018 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The Board previously granted the reopening of the Veteran' claims in a July 2019 Board decision which then denied the claims. The Veteran appealed the Board's decision denying entitlement to service connection for bilateral knee disability. In February 2021, the Court, in a Memorandum Decision, overturned the Board's decision, and it remanded the claim to the Board. 1. Entitlement to service connection for a right knee disability is remanded. 2. Entitlement to service connection for a left knee disability is remanded. Remand is required for a VA examination. VA has a duty to assist claimants to obtain evidence needed to substantiate a claim. See 38 U.S.C. § 5103A; 38 C.F.R. § 3.159 (2016). VA's duty to assist includes providing a medical examination when necessary to make a decision on a claim. 38 U.S.C. § 5103A (d); 38 C.F.R. § 3.159 (c)(4). The RO did not provide the Veteran with an examination for his claimed left or right knee disabilities. Such development is necessary if the information and evidence of record does not contain sufficient competent medical evidence to decide the claim, but (1) contains competent evidence of a diagnosed disability or symptoms of disability, (2) establishes that the veteran suffered an event, injury or disease in service, or has a presumptive disease during the pertinent presumptive period, and (3) indicates that the claimed disability may be associated with the in-service event, injury, or disease, or with another service-connected disability. 38 C.F.R. § 3.159 (c)(4); McLendon v. Nicholson, 20 Vet. App. 79, 83-86 (2006) (noting that the third element establishes a low threshold and requires only that the evidence "indicates" that there "may" be a nexus between the current disability or symptoms and active service, including equivocal or non-specific medical evidence or credible lay evidence of continuity of symptomatology). Here, VA treatment records indicate that the Veteran had degenerative joint disease, osteoarthritis, and arthralgia in both his right and left knees. In addition, the Veteran submitted a letter in support of his claim in August 2018. In the letter, the Veteran stated that he had chronic arthritis in both knees for the past 8 years due to his 20-year military career including involvement in heavy infantry, weapons, hours of field training, and hundreds of miles of tactical road marches. The Board finds that a VA examination is required to determine the etiology of the Veteran's bilateral knee disabilities. The matters are REMANDED for the following action: 1. Schedule a VA examination to determine the nature and etiology of the Veteran's right and left knee disabilities. The Veteran's claims file, to include a copy of this remand, must be made available to the examiner in conjunction with the examination along with any other information the medical professional deems pertinent. A note that it was reviewed should be included in the opinion. The examiner must identify any right knee and left knee disabilities. For any such disability identified, the examiner must provide an opinion as to whether it is at least as likely as not (a 50 percent or more probability) that the Veteran's right knee or left knee disability is etiologically related to service. 2. Then, readjudicate the claim. If the determination of the claim remains unfavorable to the Veteran, then issue a Supplemental Statement of the Case and afford him a reasonable period of time to respond before returning the case to the Board. KELLI A. KORDICH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Palombi 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.