Citation Nr: 21008786 Decision Date: 02/18/21 Archive Date: 02/18/21 DOCKET NO. 18-48 455 DATE: February 18, 2021 REMANDED Service connection for right knee osteoarthritis (claimed as right knee injury) is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from March 1965 to December 1966. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2014 rating decision of the Department of Veterans Affairs (VA) regional office (RO) in Columbia, South Carolina. The Veteran testified before the undersigned Veterans Law Judge (VLJ) at a February 2020 videoconference hearing. A transcript of the proceeding has been associated with the claims file. This matter was previously before the Board in April 2020, at which time it was remanded for further development. The Veteran seeks service connection for right knee osteoarthritis disability. He contends it is the result from a fall from a truck. A review of the record shows that the Veteran was first examined for VA purposes in connection with this matter in May 2014. That examination report, however, contained an internal inconsistency where it appeared to date the onset of the Veteran’s right knee osteoarthritis to 1965, but then concluded there was no nexus between current disability and service. Further, in drawing that adverse conclusion, the examiner stated the disability was not remotely related to parachuting, but gave no explanation for that conclusion. Subsequently, a June 2020 examiner related the Veteran’s right knee disability to service. This conclusion was made on the basis that the injury was documented in service, and that there was evidence of current, chronic and continuous treatment and care. Since a knee injury was not documented in service, and continuous treatment and care since service also was not documented, the RO sought an addendum opinion. The August 2020 addendum opinion then concluded there was no nexus between current disability and service on the basis there was no conclusive evidence of a 1965 injury, or post service continuity of care. The RO sought another addendum, advising that a right knee injury should be conceded, and to have the provider consider the Veteran’s statements of symptoms during and following service. The October 2020 addendum report in response to this, found no nexus between the current arthritis and service. However, the opinion provider appears to have based this on the premise that absent records of treatment to corroborate reports of care, the reports of treatment are not credible. As such, with a decades long gap between a record of in-service treatment and a record of a current disability, it was considered unlikely the in-service complaint was related to current disability. She also indicated that osteoarthritis is the result of a wearing down of the protective tissue at the ends of bones that occurs gradually and worsens over time, and as such a nexus with service could not be established. Given the opinions that have been obtained do not maintain a consistent narrative; do not fully explain the basis for the conclusions expressed, nor do they always use the proper legal standard for VA benefits, yet another opinion is needed to address this claim, as set out below. Lastly, it appears the cover to the service treatment records recently associated with the file indicates a prior request for service records had been received in 1970, with records sent to the New York, New York Regional Office. It is not clear if any records request has been made to that office or to the place where any such records would have been retired, to obtain any records relating to the Veteran, the New York RO once apparently held. Follow-up in this regard should be accomplished. The matter is REMANDED for the following actions: 1. Document contact with the New York city RO, or the location to which records from that office would have been retired, to obtain any records related to the Veteran the New York RO may maintain, or once held. If no such records are located, a memorandum for the record outlining the steps taken to search for these documents should be associated with the Veteran’s claims file. 2. Ask the Veteran to identify and provide appropriate releases for any additional relevant medical records he wishes VA to consider in connection with this appeal. The identified records should be sought 3. After completing the search for any additional records, provide the claims file to an appropriate clinician for an opinion to determine the nature and etiology of the Veteran’s right knee osteoarthritis. The reviewer is asked to opine whether it is at least as likely as not the Veteran’s right knee osteoarthritis had its onset in service, or is otherwise related to an in-service injury or disease. For the limited purpose of providing the opinion, the reviewer should assume the credibility of the Veteran’s statements concerning a December 1965 fall from a truck, and discomfort about the knee since then. His in-service airborne training also should be noted as well as his reported post service work with the postal service, and as a mason/construction. If it is necessary to examine the Veteran to obtain the requested addendum opinion, that should be arranged. 4. Thereafter, the Veteran’s claim should be readjudicated. M. E. KILCOYNE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Christian, Associate Attorney 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.