Citation Nr: A21019141 Decision Date: 12/01/21 Archive Date: 12/01/21 DOCKET NO. 190720-25152 DATE: December 1, 2021 ORDER Readjudication of the claim for service connection for a right knee disability is granted. Readjudication of the claim for service connection for a right hip disability is granted. Readjudication of the claim for service connection for a left hip disability is granted. Readjudication of the claim for service connection for a back disability is granted. REMANDED Entitlement to service connection for a right knee disability, to include as secondary to the service-connected left knee and bilateral ankle disabilities, is remanded. Entitlement to service connection for a right hip disability, to include as secondary to the service-connected left knee and bilateral ankle disabilities, is remanded. Entitlement to service connection for a left hip disability, to include as secondary to the service-connected left knee and bilateral ankle disabilities, is remanded. Entitlement to service connection for a back disability, to include as secondary to the service-connected left knee and bilateral ankle disabilities, is remanded. FINDING OF FACT The evidence received subsequent to the unappealed September 2018 rating decision is new and relevant to the issues of entitlement to service connection for right knee, right hip, left hip, and back disabilities. CONCLUSIONS OF LAW 1. The criteria for readjudicating the claims for service connection for a right knee disability are met. 38 C.F.R. § 3.156(d). 2. The criteria for readjudicating the claims for service connection for a right hip disability are met. 38 C.F.R. § 3.156(d). 3. The criteria for readjudicating the claims for service connection for a left hip disability are met. 38 C.F.R. § 3.156(d). 4. The criteria for readjudicating the claims for service connection for back disability are met. 38 C.F.R. § 3.156(d). REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran served on active duty from September 1972 to May 1975. A May 2016 rating decision denied service connection for a right knee disability. A March 2017 rating decision denied service connection for a back and bilateral hip disability. Thereafter, a September 2018 rating decision denied reopening claims for back and right knee disabilities and another rating decision a week later continued the denial of the claims of right knee, bilateral hip, and back disabilities. A May 2019 rating decision denied reopening the claims on appeal. In response to the May 2019 rating decision, the Veteran submitted a timely VA Form 10182 Notice of Disagreement, choosing Direct Review; however, in July 2019, he submitted an updated VA Form 10182 Notice of Disagreement, choosing a Board hearing. In April 2021, the Veteran and his spouse testified in a virtual hearing before the undersigned Veterans Law Judge. A copy of the hearing transcript is of record and has been reviewed. Therefore, the Board may only consider the evidence of record at the time of the agency of original jurisdiction (AOJ) decision on appeal, as well as any evidence submitted by the Veteran or his representative at the hearing or within 90 days following the hearing. 38 C.F.R. § 20.302(a). New and Relevant Evidence The new and material evidence issue regarding right and left shoulder disabilities has been recharacterized to reflect the applicable evidentiary (new and relevant evidence) standard under the AMA. 38 C.F.R. § 3.156(b). VA will readjudicate a claim if new and relevant evidence is presented or secured. 38 C.F.R. § 3.156(d). "Relevant evidence" is evidence that tends to prove or disprove a matter in issue. 38 C.F.R. § 3.2501(a)(1). The Veteran has submitted new and relevant evidence. Specifically, during the April 2021 hearing and subsequently, the Veteran submitted medical evidence suggesting he has current right knee, bilateral hip, and back disabilities that might have been related to parachute jumps in-service and/or aggravated by the already service-connected left knee and bilateral ankle disabilities. Therefore, the evidence is new and relevant and the petition to reopen claims for service connection for right knee, bilateral hip, and back disabilities is granted. REASONS FOR REMAND A remand is necessary to cure a pre-decisional duty to assist error; specifically, to obtain an adequate opinion regarding the likely etiology of the claimed right knee, bilateral hip, and back disabilities. No VA opinion has considered the Veteran's lay assertions that his disabilities were caused by his many parachute jumps during service. In addition, a January 2021 examiner that conducted a knee examination indicated that the Veteran was having ankle and back pain that was made worse by the knee condition because his balance was affected, and the back and knees needed to assume more of this demand. However, this examiner did not diagnose any specific back, hips, or right knee disabilities or provided any further explanation regarding this statement. The matters are REMANDED for the following action: 1. Provide the Veteran with VA examinations to help determine the likely etiology of the claimed right knee, bilateral hip, and back disabilities. The claims file and a copy of this remand will be made available to the examiner, who will acknowledge receipt and review of these materials. After a review of the claims file and examination of the Veteran, the examiner is asked to respond to the following: (a) Identify all currently diagnosed right knee, bilateral hip, and back disabilities. (b) Elicit from the Veteran and the record the history of all signs and symptoms associated with the claimed right knee, bilateral hip, and back disabilities during service and since separation from service. (c) For each currently diagnosed right knee, bilateral hip, and back disability, provide an opinion whether it is at least as likely as not (a 50 percent or higher probability) had its onset during service or is otherwise related to it, to specifically include many parachutes jumps during service. (d) For each currently diagnosed right knee, bilateral hip, and back disability, provide an opinion whether it is at least as likely as not (a 50 percent or higher probability) caused OR aggravated by the service-connected left knee and/or bilateral ankle disabilities. Please address the January 2021 that the pain in the back and hips was made worse by the knee condition. A complete rationale should be provided for all opinions on direct, causation, AND aggravation. The Veteran's lay assertions must be considered. S. B. MAYS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Yaffe, 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.