Citation Nr: 21074097 Decision Date: 12/14/21 Archive Date: 12/14/21 DOCKET NO. 16-04 013 DATE: December 14, 2021 REMANDED Entitlement to service connection for a left knee disability is remanded. Entitlement to service connection for a right knee disability is remanded. Entitlement to service connection for bilateral pes planus is remanded. REASONS FOR REMAND The Veteran had active duty service with the U.S. Army from June 1973 to April 1976, and was subsequently a member of the Reserves. This case comes before the Board of Veterans' Appeals (Board) on appeal from a May 2014 rating decision of the Department of Veterans Affairs (VA) agency of original jurisdiction (AOJ). In February 2019, the Veteran had a Board hearing before the undersigned Veterans Law Judge (VLJ). A transcript of that hearing is of record. In an August 2019 decision, the Board denied each of the claims on its merits. The Veteran appealed this Board decision to the United States Court of Appeals for Veterans Claims (Court). In an August 2020 Joint Motion for Partial Remand, the parties moved to vacate the Board decision to the extent that it denied service connection for right and left knee disabilities; for bilateral pes planus; and for a bilateral hearing loss disability. The Court granted the motion and returned the appeal to the Board. In February 2021, the Board remanded the matters for additional development; the AOJ was instructed to make attempts to secure private medical records and did so. In May 2021, a decision review officer granted service connection and assigned staged ratings for bilateral hearing loss disabilitythat is, 0 percent disabling (noncompensable), effective March28, 2013; and 10 percent disabling, effective April 30, 2021. The grant of service connection has resolved that matter; it is no longer before the Board. In August 2021, the Board remanded these matters for additional development; the AOJ was instructed to schedule the Veteran for a VA examination for his claimed conditions. These matters are now returned to the Board for further adjudication. Bilateral Knee/ Bilateral Pes Planus In September 2021, the Veteran was afforded VA knee and foot examinations. The examiner provided a negative nexus opinion for his bilateral knee disability and bilateral pes planus. She reasoned that despite the reports of wear and tear in service, clinical evaluations on active duty and in the Reserves were repeatedly normal; when problems were noted, they appeared to be "self-limiting." She did not discuss the statements of the Veteran that he and other medics treated each other "off the record." Further, the examiner listed as the diagnoses for the knees "strain" despite the established diagnosis of osteoarthritis, a chronic condition. She did not discuss the possibility of aggravation of the knee and foot conditions by service or other service-connected disabilities. The matters are REMANDED for the following action: 1. Obtain updated VA treatment records. 2. Schedule VA examination(s) or medical review, as appropriate, to determine the nature and etiology of the Veteran's bilateral knee disability and bilateral pes planus. The claims file must be available and reviewed in such regards. Specifically, the examiner(s)must opine as to whether any disability of either knee or either foot is at least as likely as not caused or aggravated by service, including "all the running and the moves" in active service as alleged by the Veteran; and including Emergency Room treatment for left knee injury in May 1987, as noted in Army Reserve records. A full and complete rationale for opinions expressed is required. Such must consider the competent lay reports of "off the record" treatment." 2. Thereafter, readjudicate the remanded issues. If any benefit sought remains denied, issue a supplemental statement of the case. The case should then be returned to the Board for appellate review if otherwise in order. WILLIAM H. DONNELLY Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Baxter 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.