Citation Nr: 21071130 Decision Date: 11/29/21 Archive Date: 11/29/21 DOCKET NO. 19-14 664 DATE: November 29, 2021 REMANDED Entitlement to service connection for left knee condition is remanded. Entitlement to service connection for left thigh strain is remanded. REASONS FOR REMAND The Veteran served on active duty from May 1977 to February 1983. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2018 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In March 2021, the Veteran testified before the undersigned Veterans Law Judge. A transcript of the proceeding has been associated with the claims file. 1. Entitlement to service connection for left knee condition The Veteran contends that he has a left knee condition due to a documented in-service knee injury. See August 1979 records. His current diagnoses appear to include strain and meniscectomy residuals, with chondrocalcinosis of the medial menisci. (The record indicates the Veteran had meniscus surgery in the 1990s.) A January 2018 VA examiner did not link the Veteran's current knee strain to service. The reason appears to be there was no recent medical evidence of a knee condition. Since it is obvious that the lack of treatment records does not itself establish the absence of a medical condition, particularly in light of imaging records that confirm earlier surgical intervention, it will be necessary to obtain an opinion that contemplates the Veteran's history more fully. Likewise, it will be necessary for the opinion to include a discussion of whether the Veteran's left knee meniscectomy may have been required, at least in part, because of the in-service knee injury. Additionally, it appears only some of the Veteran's private treatment records are associated with the file. Those private treatment records should be obtained. 2. Entitlement to service connection for left thigh strain The Veteran contends that he has a left thigh condition due to an in-service injury to his left thigh. He sustained a left thigh contusion in service. The October 2017 VA examiner opined that, while he experienced a left thigh contusion, his service treatment records indicated that the condition resolved, with his left thigh noted as normal in October 1979. The January 2018 examiner concluded that there was no evidence that the current left thigh strain was caused by service as decades had passed without medical evidence or treatment of a thigh condition. However, the Veteran testified that his condition had continued since service, and that he was unaware he could seek VA treatment for his left thigh condition. Further, he noted that he had self-treated the condition with ice and Advil. As such, the Veteran should be afforded another examination that considers the lay statements of record. The matters are REMANDED for the following action: 1. Send the Veteran a letter asking him to identify all treatment providers for the issues on appeal, and particularly with respect to any left knee surgeries. He should be requested to authorize VA to obtain available records for association with the claims file on his behalf. The identified records should be sought. 2. Then, schedule the Veteran for a VA examination for his left knee and left thigh conditions. The examiner should review the entire claims file. The examiner should identify all current left knee and left thigh conditions, including any residuals of left knee meniscus surgery. The examiner should provide an opinion as to whether it is at least as likely as not (50 percent probability or greater) that any current left knee or left thigh disability, including any residuals of left knee meniscus surgery is related to an in-service injury or disease, including the documented in-service complaints of knee and thigh injury. In discussing this question, the examiner should address the Veteran's reports of on-going complaints post service, and whether left knee meniscus surgery, may have been necessary due to the Veteran's in-service left knee injury/complaints. If the examiner determines that any left knee or left thigh disability is not related to service, the likely etiology of the Veteran's conditions would be helpful for adjudication purposes. The examiner/s should provide a complete rationale for any opinions expressed and should cite to the specific evidence of record or other medical resources as appropriate. (Continued on the next page) 3. Thereafter, the Veteran's claim should be readjudicated based on the entirety of the evidence. MICHAEL E. KILCOYNE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board V. Geer, 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.