Citation Nr: 21012103 Decision Date: 03/03/21 Archive Date: 03/03/21 DOCKET NO. 19-33 404 DATE: March 3, 2021 REMANDED Service connection for a right knee disability, to include as secondary to the service-connected right ankle disability, is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1959 to August 1962. The Veteran testified that he had additional service in the Army Reserve from 1962 to 1965 and in the Idaho Air National Guard in 1966, for six months. Service connection for a right knee disability, to include as secondary to the service-connected right ankle disability, is remanded. The Veteran asserts that his right knee disability is due to an in-service car accident in which he injured his right knee. In the alternative, he asserts that his service-connected right ankle disability has affected his gait, which has contributed to his right knee disability. The Board acknowledges that a number of the Veteran’s service treatment records (STRs) are available and associated with his claims file. However, the STRs associated with his reserve service, to include the Army Reserve and the Air National Guard, does not appear to be contained in his claims file and there is no indication in the record that the regional office (RO) attempted to obtain STRs from the Veteran’s periods of reserve service. Further, there are no service personnel records contained in the Veteran’s claims file, that document his periods of active duty for training (ACDUTRA) or periods of inactive duty for training (INACDUTRA). On remand, the RO should contact the appropriate government facility or organization to confirm the dates of service, and obtain any relevant service personnel records. Accordingly, service connection for a right knee disability is remanded. The matters are REMANDED for the following action: 1. Obtain the Veteran’s service personnel records from his time with the Army Reserve and Idaho Air National Guard. 2. Obtain the Veteran’s STRs pertaining to his period of service in the Army Reserves from 1962 to 1965 and his time in the Idaho National Guard in 1966. All requests and records received should be associated with the claims folder. Any negative response should be in writing and associated with the claims folder. 3. Then, schedule the Veteran for a VA examination to determine the nature and etiology of any currently diagnosed right knee disabilities. The examiner should provide the following opinions: (a) Is it at least as likely as not (50 percent or greater probability) that the Veteran’s right knee disability had its onset during the Veteran’s active duty service, or is proximately due to or caused by the Veteran’s active duty service? Why or why not? The Board notes that the September 2018 VA addendum medical opinion stated that the original injury to the right knee during the car accident in 1975 is what caused the current right knee ankylosis. However, the Veteran testified that the car accident was in 1960 and there was no indication, in the medical records, that there was a separate car accident in 1975. It appears that the March 2016 VA treatment record that indicated that the right knee was injured in a 1975 auto accident, which the September 2018 VA examiner relied on, was made in error. The examiner should discuss the September 2018 VA examiner’s opinion that his current right knee ankylosis is due to the car accident where he injured his right knee. The Board notes that the only reported car accident where the right knee was injured was in 1960, during the Veteran’s active duty service. The examiner should also be aware that the Veteran testified that the references to a left knee injury in the STRs were made in error. The Veteran credibly testified that he did not have any left knee trouble during his active duty service and that he was surprised to learn that there was documentation of a left knee injury in his STRs. The examiner should also review the Veteran’s timeline for his right knee disability. (See Email Correspondence received 11/24/20) (b) Is it at least as likely as not (50 percent or greater probability) that right knee arthritis is proximately due to or caused by the service-connected right ankle disability? Why or why not? (c) Is it at least as likely as not (50 percent or greater probability) that right knee arthritis has been aggravated (made worse) by the service-connected right ankle disability? Why or why not? In so doing the examiner should review the Surgical note from April 12, 2018 in which it was noted that the Veteran’s ankle was essentially causing gait issues and potentially impacting the knee (see Medical Treatment Record- Government facility, received 11/24/20) If aggravation is found, the examiner should identify a baseline level of severity of the right knee disability by medical evidence created before the onset of aggravation or by the earliest medical evidence created at any time between the onset of aggravation and the receipt of medical evidence establishing the current level of severity of the right knee disability. If such cannot be done, it should be explained why. MATTHEW W. BLACKWELDER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board E. Fu, 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.