Citation Nr: 21012795
Decision Date: 03/05/21	Archive Date: 03/05/21

DOCKET NO. 12-15 822
DATE: March 5, 2021

REMANDED

Entitlement to service connection for a left knee disorder is remanded. 

REASONS FOR REMAND

The Veteran served on active duty from November 1966 to July 1974, and from September 1979 to November 1995. 

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a December 2009 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The matter was remanded by the Board in July 2017, December 2018, and June 2020 for further development.

The June 2020 Board remand directed that a VA opinion be obtained to determine the nature and etiology of the Veteran’s claimed left knee disorder and directed that a copy of the October 2014 left knee X-ray report referred to in October 2014 VA progress notes be associated with the record from Vista imaging.  Such a VA etiology opinion was obtained in October 2020. Although the AOJ obtained copies of the October 2014 VA progress notes, the referred to X-ray report was not obtained. As such, an additional remand is necessary. Stegall v. West, 11 Vet. App. 268, 271 (1998).

The matter is REMANDED for the following action:

The Veteran should be given the opportunity to identify any outstanding private or VA treatment records relevant to the claim on appeal.  After obtaining any necessary authorization from the Veteran, all outstanding records should be obtained, to include updated VA treatment records.  

Obtain and add to the file the October 2014 X-ray study of the Veteran’s left knee. The radiology report can be accessed in CAPRI through Vista Imaging.

For private treatment records, make at least two (2) attempts to obtain records from any identified sources. If any such records are unavailable, inform the Veteran and his representative and afford him an opportunity to submit any copies in their possession. 

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For federal records, all reasonable attempts should be made to obtain such records. If any records cannot be obtained after reasonable efforts have been made, issue a formal determination that such records do not exist or that further efforts to obtain such records would be futile, which should be documented in the claims file. The Veteran must be notified of the attempts made and why further attempts would be futile, and allowed the opportunity to provide such records, as provided in 38 U.S.C. § 5103A(b)(2) and 38 C.F.R. § 3.159(e).

 

KRISTY L. ZADORA

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. M. Donahue Boushehri, 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.