Citation Nr: 21014070 Decision Date: 03/11/21 Archive Date: 03/11/21 DOCKET NO. 17-51 936 DATE: March 11, 2021 REMANDED Entitlement to service connection for a right knee disability is remanded. Entitlement to service connection for a left knee disability, to include as due to a right knee disability is remanded. REASONS FOR REMAND The Veteran served on active duty for training in the U.S. Army from October 2008 to March 2009, with additional service in the Army Reserve. This appeal comes before the Board of Veterans’ Appeals (Board) from an April 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the undersigned Veterans’ Law Judge at a December 2019 Travel Board hearing. A transcript of the hearing has been associated with the claims file. 1. Entitlement to service connection for a right knee disability 2. Entitlement to service connection for a left knee disability, to include as due to a right knee disability The Veteran contends that service connection is warranted for a right knee disability and that service connection is also warranted for a left knee disability to include as caused or aggravated by her right knee disability. The Board finds that a remand is warranted for additional development. First, the Veteran and associated lay statements from fellow service members have indicated ongoing knee symptomology and treatment during her active duty for training and subsequent Reserve service. In a September 2017 letter, a fellow solider noted that she observed the Veteran having knee popping during boot camp (active duty for training). The Veteran testified during the Board hearing that she first injured the right knee in a gym preparing for a routine physical readiness test. It is not clear whether she was on active duty for training or inactive duty training when that injury occurred. The Veteran testified to ongoing physical profiles, symptomology and treatment for her right knee during Reserve service. However, a review of the claims file does not find that her complete service treatment records and Reserve records have been fully obtained and associated with the claims file. Additionally, the Veteran’s claims file does not appear to contain her complete service personnel and treatment records for the entire period of her Reserve service. Further, the agency of original jurisdiction (AOJ) should attempt to verify the Veteran’s periods of active duty for training or inactive duty for training. The Board notes that the AOJ requested Reserve records from the 421 Quartermaster Company in Fort Valley, Georgia in May 2017 however there was no response or subsequent follow-up. The Veteran and fellow service members have also indicated Army Reserve service with the 90th Aviation Support Battalion in White Settlement Texas, NAS Fort Worth JRB and Grand Prairie Reserve Complex. As these potentially outstanding records may contain information regarding the Veteran’s dates of service and reports of an in-service injury, treatment and ongoing symptomology a remand is required to obtain them. Next, at the December 2019 hearing the Veteran identified relevant outstanding private treatment records including from Baylor Scott & White. A remand is required to allow VA to obtain authorization and request these potentially outstanding records. Lastly, the Board cannot make a fully-informed decision on the issue of entitlement to service connection for a right knee disability and entitlement to service connection for a left knee disability because no VA examiner has opined as to direct, and if applicable secondary service connection. A private opinion from November 2019 notes that the Veteran clearly injured her bilateral knees while still in service. However, this opinion fails to provide a thorough reasoned rationale and does not address the specific in-service injury and whether such occurred during active duty for training. As such a remand is warranted for a VA examination. The matters are REMANDED for the following action: 1. Obtain the Veteran’s complete service personnel records/service treatment records to include documents pertaining to her service in the Army Reserve from 2009 to 2013. Document all requests for information as well as all responses in the claims file. The Veteran and associated lay statements note service with the 421 Quartermaster Company in Fort Valley, Georgia, 90th Aviation Support Battalion in White Settlement Texas, NAS Fort Worth JRB and Grand Prairie Reserve Complex. 2. Verify the Veteran’s service dates as a member of the Army Reserves. Determine whether her service included any periods of active duty for training (ACDUTRA) or inactive duty for training (INACDUTRA). All verified dates of ACDUTRA and/or INACDUTRA, as well as attempts to obtain Reserve records should be noted in a memorandum and associated with the claims file. If a negative response is received, a formal finding of unavailability should be made. 3. Ask the Veteran to complete a VA Form 21-4142 for Baylor Scott & White and identify any additional outstanding private treatment records. Make two requests for the authorized records from any identified and authorized for release treatment providers, unless it is clear after the first request that a second request would be futile. 4. Schedule the Veteran for a VA examination for her right and left knee disabilities. The examiner must review the claims file. The examiner is asked to provide a response to the following: (a.) Identify all current right and left knee disabilities. (b.) Is it at least as likely as not (a 50 percent probability or greater) that the Veteran’s current right knee disability is caused by an in-service injury, event or disease that occurred during active duty for training or inactive duty training? (c.) Is it at least as likely as not (a 50 percent probability or greater) that the Veteran’s current left knee disability is caused by an in-service injury, event or disease that occurred during active duty for training or inactive duty training? Then only if the Veteran’s right knee is found to be caused by an in-service injury, event or disease then: (d.) Is it at least as likely as not (a 50 percent probability or greater) that the Veteran’s left knee disability was caused by her right knee disability? (e.) Is it at least as likely as not (a 50 percent probability or greater) that the Veteran’s left knee disability was aggravated by her right knee disability? Review of the entire claims file is required. The examiner must provide a complete rationale for all findings and opinions, and a discussion of the facts and medical principles involved would be of considerable assistance to the Board. A private opinion from November 2019 notes that the Veteran clearly injured her bilateral knees while still in service. In addition, attention is invited to the Veteran’s and associated lay statements noting ongoing knee symptomology and treatment that began during active duty for training and subsequent Reserve service. J.W. FRANCIS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K.R. Kardian, 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.