Citation Nr: 21005367
Decision Date: 02/01/21	Archive Date: 02/01/21

DOCKET NO. 17-10 005
DATE: February 1, 2021

REMANDED

Service connection for a right knee disorder is remanded.

REASONS FOR REMAND

The Veteran, who is the Appellant, served on active duty from January 1976 to December 1979, July 2006 to May 2007, and April 2012 to May 2013.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a November 2015 rating decision from the Regional Office (RO), which, in pertinent part, denied service connection for a right knee disorder.  In July 2019, the Veteran testified at a Board videoconference hearing from the RO in Boise, Idaho, before the undersigned Veterans Law Judge in Washington, DC.  The hearing transcript has been associated with the record.

This case was previously before the Board in October 2019, where the issue on appeal was remanded.  While cognizant of its responsibilities under Stegall v. West, 11 Vet. App. 268 (1998), as the Board remands service connection for a right knee disorder for additional development the Board need not address Remad compliance at this time.

The Veteran seeks service connection for a right knee disorder.  The Veteran contends that a preexisting right knee disorder, degenerative joint disease, was aggravated by performing sling load operation duties while deployed to Afghanistan during the third period of service from April 2012 to May 2013.  See July 2019 Board hearing transcript.

In correspondence received in January 2020, the Veteran informed that he spoke with HMC Persaud, his SEAL Team 18 corpsman during the deployment in Afghanistan, who informed the Veteran that he completed a SF 600 Chronological Record of Medical Care after Veteran’s right knee injury in 2013 and submitted it to the medical unit for entry into the Veteran’s medical record.  The Veteran reported that HMC Persaud was present at the time of the Veteran’s knee injury.  A review of the service personnel and treatment records shows that the Veteran reported right knee swelling and stiffness from walking on large gravel, uneven surfaces and heavy equipment from 2012 to 2013, but a corresponding SF 600 has not been associated with the claims file.  

As the records indicate outstanding service records that purport to contain evidence relevant to the right knee claim, the RO should obtain any outstanding service treatment and personnel records for the period of service from April 2012 to May 2013, to include the SF 600 Chronological Record of Medical Care.

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Service connection for a right knee disorder is REMANDED for the following action:

The RO should request any outstanding service treatment and personnel records from NPRC for the service period from April 2012 to May 2013, to include the SF 600 Chronological Record of Medical Care completed by HMC Persaud in 2013 in reference to the right knee injury.  If the records are unavailable the Veteran should be notified.

 

 

J. PARKER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S. Moore

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.