Citation Nr: 21076510 Decision Date: 12/27/21 Archive Date: 12/27/21 DOCKET NO. 19-16 307 DATE: December 27, 2021 REMANDED Entitlement to service connection for left knee disability is remanded. REASONS FOR REMAND The Veteran served on active duty in July 1988 and from June 1989 to October 1989. This matter comes before the Board of Veterans' Appeals (Board) on appeal of a November 2017 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). While the RO again denied the Veteran's claim in August and September 2018 rating decisions, new evidence was submitted within one year of the November 2017 rating decision and it did not become final. In November 2020, the Veteran testified during a video conference hearing before the undersigned Veterans Law Judge. A transcript of the hearing is associated with the claims file. Left Knee Disability The Veteran submitted several positive etiology opinions from his private treatment providers regarding his left knee disability. The examiners explained, for example, that the rigors and trauma while serving in the infantry in service and driving a large truck caused micro-traumas to his left knee which are as likely as not the cause of his left knee meniscal tear and left knee osteoarthritis. However, these opinions appear to attribute the described work duties to a nearly 20-year history of service. The Veteran had less than a year of active duty with discrete periods of Active Duty for Training (ACDUTRA) and Inactive Duty for Training (INACDUTRA). His total time serving in periods of active duty, ACDUTRA and INACDUTRA is far less than 20 years. Thus, the opinions appear to be based on an incorrect factual premise and they are therefore insufficient to warrant a grant of service connection. The private opinions do, though, indicate that the left knee disability may be related to service, so remand for an opinion is appropriate. See McLendon v. Nicholson, 20 Vet. App. 79, 83 (2006) (VA is obliged to provide an examination where there is insufficient information to decide the claim and there is an indication the current disability may be associated with service). The matter is REMANDED for the following action: Forward the claims file to an appropriate clinician to determine whether the current left knee disability is related to the Veteran's service. If the examiner determines that an in-person examination is required, one should be scheduled. Following review of the claims file and, if indicated, examination of the Veteran, the examiner should opine whether it is at least as likely as not (50 percent or greater probability) that the left knee disability began in or is otherwise related to the Veteran's service. The examiner should specifically address the Veteran's lay statements regarding onset and persistence of knee pain since service. The examiner may not dismiss the Veteran's report of history of symptoms capable of lay observation solely on the basis that they are not recorded in contemporaneous medical records. The examiner should address any other pertinent evidence of record, including the private opinions submitted by the Veteran in July 2018, September 2018, and November 2018. R. FEINBERG Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. St. Laurent, 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.