Citation Nr: 21074020 Decision Date: 12/14/21 Archive Date: 12/14/21 DOCKET NO. 17-50 004A DATE: December 14, 2021 REMANDED Entitlement to service connection for left knee disability is remanded. Entitlement to service connection for right knee disability is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1966 to June 1968. This appeal comes before the Board of Veterans' Appeals (Board) on appeal from a November 2016 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In August 2021, the Veteran testified before the undersigned Veterans Law Judge (VLJ). A hearing transcript is associated with the record. The VLJ held the record open for 60 days for the submission of supporting evidence. The Board subsequently received additional evidentiary submissions. 1. Entitlement to service connection for left knee disability is remanded. The Veteran, and his representative, contends that his current left knee disability stems from active service. Specifically, the Veteran argues that, while in-service, he injured his left knee once during boot camp and again after returning from Vietnam. See Hearing Transcript at 4, 6 (August 2021). To ensure that VA has met its duty to assist, the claim must be remanded for further development. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159(c). First, the Board notes that the Veteran's service treatment records (STRs) are not available for review. In this regard, the record indicates that, in October 2015, the National Personnel Records Center notified VA that the Veteran's records were destroyed in a fire. A November 2015 notification letter informed the Veteran that efforts to obtain his STRs from all potential sources were unsuccessful. The record, however, does not reveal that the agency of original jurisdiction (AOJ) sent the Veteran, or his representative, NA Form 13055. The Board observes that the NA Form 13055 is used to attempt to reconstruct a veteran's medical record based on the disability and treatment identified on the form. Of note, at the Board hearing, the Veteran testified to receiving treatment for his left knee at a Naval Hospital while at Camp Pendleton. As such, the Board finds that remand is necessary for the AOJ to send the Veteran NA Form 13055 to attempt to reconstruct his STRs. The Board acknowledges VA's heightened duty to assist a claimant where records are deemed fire-related or otherwise lost. Cromer v. Nicholson, 19 Vet. App. 215, 217-18 (2005). Next, the Board observes that the record indicates that there may be outstanding relevant VA treatment records. In this regard, at the Board hearing, the Veteran testified to receiving VA treatment in 2007 or 2008. See Hearing Transcript at 9 (August 2021). The record, however, does not show that all VA treatment records from this time period have been associated to the record. As any complaint or treatment with VA is relevant, remand is also necessary to associate any outstanding VA treatment records with the claims file. See 38 U.S.C. § 5103A(c); 38 C.F.R. § 3.159(c)(2); see also Bell v. Derwinski, 2 Vet. App. 611, 613 (1992) (holding that documents which are generated by VA agents or employees are in constructive possession of VA, and as such, should be obtained and included in the record). In remanding this matter, the Board makes no finding, implicit or otherwise, as to the credibility of the Veteran's assertions. Neither the Veteran's credibility nor any lack thereof should be presumed in this remand. 2. Entitlement to service connection for right knee disability is remanded. The Veteran, and his representative, contends that his right knee disability is secondary to his left knee disability. See Hearing Transcript at 14 (August 2021). The Board finds the Veteran's claim is inextricably intertwined with the claim of entitlement to service connection for left knee disability. Harris v. Derwinski, 1 Vet. App. 180 (1991) (two issues are "inextricably intertwined" when they are so closely tied together that a final decision on one issue cannot be rendered until a decision on the other issue has been rendered). Therefore, adjudication is deferred pending the outcome of the claim. The matters are REMANDED for the following actions: 1. Send the Veteran NA Form 13055, Request for Information Needed to Reconstruct Medical Data, and request the Veteran complete the form and return it to VA. If the Veteran returns a completed NA Form 13055, take all necessary additional steps to reconstruct the Veteran's STRs. 2. Obtain all VA treatment records dated from July 2021 to the Present. Additionally, obtain all VA treatment records prior to March 2010, to include from 2007 or 2008, if any. 3. Ask the Veteran to complete a VA Form 21-4142 for all non-VA medical providers seen for signs and symptoms for his bilateral knee disabilities, to include from Dr. Christian Martin and Dr. Mike Miller. Make two requests for the authorized records from all identified sources, unless it is clear after the first request that a second request would be futile. 4. Readjudicate. C.A. SKOW Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Griffey, 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.