Citation Nr: 21071000 Decision Date: 11/29/21 Archive Date: 11/29/21 DOCKET NO. 17-37 094 DATE: November 29, 2021 ORDER Service connection for a right knee condition is denied. Service connection for a right shoulder condition is denied. FINDINGS OF FACT 1. The preponderance of the evidence of record is against finding that the Veteran's right knee condition began during active service or is otherwise related to an in-service injury or disease. 2. The preponderance of the evidence of record is against finding that the Veteran's right shoulder condition began during active service or is otherwise related to an in-service injury or disease. CONCLUSIONS OF LAW 1. The criteria for service connection for a right knee condition have not been met. 38 U.S.C. §§ 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. 2. The criteria for service connection for a right shoulder condition have not been met. 38 U.S.C. §§ 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty in the United States Marine Corps from April 1995 to April 1999. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2015 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran was scheduled for a hearing before the Board in Houston in August 2021 but did not appear and did not indicate a desire to reschedule. As such, the Appellant's hearing request is deemed withdrawn. 38 C.F.R. § 20.704(d). 1. Service connection for a right knee condition. 2. Service connection for a right shoulder condition. To establish service connection for a claimed disorder, the following criteria must be met: (1) medical evidence of a current disability; (2) evidence of an in-service incurrence or aggravation of a disease or injury; and (3) evidence of a nexus between the claimed in-service disease or injury and current disability. 38 C.F.R. § 3.303; see also, Davidson v. Shinseki, 581 F.3d 1313, 1316 (Fed. Cir. 2009); Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004); Hickson v. West, 12 Vet. App. 247, 253 (1999). Service connection may be granted for a disability resulting in a disease or injury that is incurred in or aggravated by active-duty military service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. Service connection may be established by credible lay evidence and medical evidence provided by the Veteran or otherwise. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. The Veteran seeks service connection for a right shoulder condition and right knee condition. See Form 9, July 2017. VA did not obtain a medical nexus opinion on these issues. VA must provide a medical examination and medical opinion when there is (1) competent evidence of a current disability or persistent or recurrent symptoms of a disability, and (2) evidence establishing that an event, injury, or disease occurred in service or establishing certain diseases manifesting during an applicable presumptive period for which the claimant qualifies, and (3) an indication that the disability or persistent or recurrent symptoms of a disability may be associated with the veteran's service or with another service-connected disability, but (4) insufficient competent medical evidence on file for the VA to make a decision on the claim. See McLendon v. Nicholson, 20 Vet. App. 79, 81-82 (2006). Here, the Board finds no evidence beyond the Veteran's claim suggesting that his claimed disabilities are causally related to his military service or were ever present during his active service. This is insufficient to warrant the need to provide a medical examination as this would, contrary to the intent of Congress, result in medical examinations being "routinely and virtually automatically" provided to all veterans claiming service connection. See Waters v. Shinseki, 601 F.3d 1274 (Fed. Cir. 2010); see also Colantonio v. Shinseki, 606 F.3d 1378 (Fed. Cir. 2010). Further, in a claim for service connection the Veteran must show evidence of an in-service incurrence or aggravation of a disease or injury. In this case, service treatment records are silent for complaints or diagnoses of a right knee condition or right shoulder condition. Although the Veteran asserts that he has private treatment records related to his condition, the Veteran has not submitted these records, or any other records related to his claims. See VA Form 9, July 2017. The record shows that VA has notified the Veteran that he may submit additional evidence throughout the appeal process. The Board emphasizes that the duty to assist is a two-way street. If the Veteran wishes to help, he cannot passively wait for it in those circumstances where he may or should have information that is essential in obtaining relevant evidence. Wood v. Derwinski, 1 Vet. App. 190, 193 (1991). As there is no credible evidence, lay or otherwise, showing an in-service event or injury that could cause such conditions, or evidence of a current condition, the preponderance of the evidence is against the Veteran's claims and there is no doubt to be resolved. Therefore, service connection for a right knee condition and right shoulder condition is not warranted. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49 (1990). STEVEN D. REISS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Sara Leigh, Attorney Advisor 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.