Citation Nr: 21006619 Decision Date: 02/04/21 Archive Date: 02/04/21 DOCKET NO. 14-35 364 DATE: February 4, 2021 REMANDED Entitlement to service connection for a cervical spine condition, to include as secondary to the Veteran’s service-connected lumbar spine condition, is remanded. Entitlement to service connection for a left knee condition, to include as secondary to the Veteran’s service-connected right knee condition and lumbar spine condition, is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1976 to August 1979. The Veteran testified before the undersigned during a September 2017 videoconference hearing. A transcript is of record. These matters were previously remanded by the Board of Veterans’ Appeals (Board) in March 2018. The Board issued a decision denying service connection for both issues on appeal in November 2019. The Veteran appealed the decision to the United States Court of Appeals for Veterans Claims (CAVC or Court). In September 2020, the CAVC issued a Joint Motion for Remand (JMR), which vacated and remanded the November 2019 Board decision. The September 2020 JMR found that the Board failed to ensure that the duty to assist was satisfied with respect to obtaining outstanding relevant private treatment records regarding the cervical spine condition and left knee condition. The Court further found that the March 2019 VA examiner did not adequately address the Veteran’s report of bilateral knee pain documented in the July 1979 separation examination or explain whether the Veteran’s left knee condition was aggravated by his service-connected lumbar spine condition and/or right knee condition. In satisfaction of the Court’s JMR, the Board finds that remand to obtain relevant outstanding treatment records is warranted. Furthermore, the Board finds that another VA medical opinion is warranted, specifically to address the Veteran’s report of bilateral knee pain documented in the July 1979 separation examination and whether the Veteran’s left knee condition was aggravated by the Veteran’s service-connected lumbar spine condition and/or right knee condition. The matters are REMANDED for the following action: 1. Write to the Veteran and request that he identify and authorize VA to obtain any private or non-VA records of treatment for his cervical spine condition and left knee condition, specifically to include any treatment from the Veteran’s private chiropractor for the cervical spine since March 2005 and treatment for the left knee from October 2017. 2. Obtain a medical opinion regarding the etiology of the Veteran’s left knee condition. After reviewing the entire claims folder, to include the CAVC JMR and this remand, the examiner is asked to opine as to: a. Whether it is at least as likely as not (50 percent or greater probability) that the Veteran’s left knee condition was caused by or incurred during active military service? In doing so, please address the Veteran’s report of bilateral knee pain documented in the July 1979 separation examination. b. Whether it is at least as likely as not (50 percent or greater probability) that the Veteran’s left knee condition was caused by or aggravated beyond the normal progression by his service-connected lumbar spine condition? c. Whether it is at least as likely as not (50 percent or greater probability) that the Veteran’s left knee condition was caused by or aggravated beyond the normal progression by his service-connected right knee condition? If the examiner determines that the requested opinion may not be provided without a physical examination of the Veteran, then such should be scheduled. A complete rationale supporting the examiner’s opinions must be provided. A. ISHIZAWAR Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Griffin, 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.