Citation Nr: 21021780 Decision Date: 04/14/21 Archive Date: 04/14/21 DOCKET NO. 17-14 788 DATE: April 14, 2021 REMANDED Entitlement to service connection for a right knee disability is remanded. Entitlement to service connection for a right ankle disability, secondary to a right knee disability, is remanded. Entitlement to service connection for a left ankle disability, secondary to a right knee disability, is remanded. Entitlement to service connection for bilateral hearing loss is remanded. Entitlement to service connection for tinnitus is remanded. REASONS FOR REMAND The Veteran served on active duty from September 2009 to February 2012. The Veteran attended a September 2020 hearing before the undersigned Veterans Law Judge. A hearing transcript is of record. 1. Entitlement to service connection for a right knee disability is remanded. The Veteran asserts that he sustained a right knee injury while serving at the Dam Neck Annex of Naval Air Station Oceana in 2011. The Veteran indicated that he was treated immediately following that injury at the annex clinic. He also stated that he was ordered to perform two weeks of light duty following treatment. The service medical records included in the claims file contain no notation indicating treatment for a right knee injury. However, in a January 2012 service medical record, a service examiner indicated that the Veteran had a medical history of chronic knee pain. The claims file does not contain any service profile report or any other service personnel records. A remand is necessary to obtain any potentially outstanding service medical records, to include any regarding treatment for a right knee injury, and the service personnel records. The Board cannot make a fully-informed decision on the issue of service connection for a right knee disability, because no VA examiner has opined whether any current right knee disability is related to service. Remand is necessary to schedule an orthopedic examination. 2. Entitlement to service connection for a right ankle disability, secondary to a right knee disability, is remanded. 3. Entitlement to service connection for a left ankle disability, secondary to a right knee disability, is remanded. The Veteran claims that a right knee disability caused bilateral ankle disabilities. As part of any orthopedic examination conducted due to this remand, the examiner should also attempt to determine the nature and etiology of any current bilateral ankle disability. 4. Entitlement to service connection for bilateral hearing loss is remanded. 5. Entitlement to service connection for tinnitus is remanded. The current record of evidence does not contain any VA treatment records. At the October 2020 hearing, the Veteran testified that he was being treated a VA facility in Brick, New Jersey. Remand is necessary to obtain outstanding treatment records. Additionally, the Veteran indicated that he was being treated for a right knee disability by a Dr. Pappas. Remand is necessary to obtain any outstanding records from that medical provider. Regarding the bilateral hearing loss and tinnitus disabilities, VA scheduled the Veteran for a VA audiology examination to determine the nature and etiology of the claimed disabilities. The Veteran did not attend the examination and did not show good cause for not attending. At the September 2021 Board hearing, the Veteran advised the Board that he would willingly appear at any examination scheduled in the future. Because no VA examiner has opined whether the claimed disabilities are related to service, a VA examination report and medical opinion would be beneficial to the Board in adjudicating the Veteran's claim. However, the Veteran should be advised that failure to appear at any examination may result in the denial of the claims. 38 C.F.R. § 3.655. Remand is necessary to schedule an examination. The matters are REMANDED for the following action: 1. Obtain the Veteran’s complete service personnel records. 2. Obtain any outstanding service medical records, to include any documenting treatment for a right knee disability at the base clinic for the Dam Branch annex of Naval Air Station Oceana. 3. Ask the Veteran to complete a VA Form 21-4142 for Dr. Pappas. Make two requests for the authorized records from that doctor unless it is clear after the first request that a second request would be futile. 4. Obtain the Veteran’s VA treatment records, to include from the VA facility in Brick, New Jersey. 5. Schedule the Veteran for a VA orthopedic examination by an orthopedist who has not previously examined the Veteran to determine the nature and the etiology of any right knee, right ankle, and left ankle disabilities. The examiner must review the record and should note that review in the report. In reviewing the record, the examiner should note the service medical records, to include the notations indicating chronic knee pain; any relevant service personnel records; the post-service treatment records; and the Veteran's lay statements regarding symptoms during and since service. A complete rationale should be stated for all opinions and conclusions expressed. After an examination, a review of the claims file, and an interview with the Veteran, the examiner is asked to also provide the following opinions: (a.) Confirm that the examiner is an orthopedist who has not previously examined the Veteran in conjunction with this claim. (b.) Diagnose all right knee, right ankle, and left ankle disabilities found, or shown during the pendency of this appeal. (c.) Opine whether it is at least as likely as not (50 percent probability or greater) that any right knee disability had its onset during the Veteran's service or is related to any event, injury, or disease during service, to include a claimed 2011 right knee injury. The examiner must consider the service medical records and the Veteran’s lay statements regarding symptoms during and since service. (d.) If right knee arthritis is diagnosed, opine whether it is at least as likely as not (50 percent or greater probability) that right knee arthritis (1) began during active service, (2) manifested within one year after the February 2012 separation from service, or (3) was noted during service with continuity of the same symptomatology since service. (e.) Opine whether it is at least as likely as not (50 percent or greater probability) that any right ankle disability diagnosed during the pendency of the appeal at least as likely as not (50 percent or greater probability) proximately due a right knee disability or any altered gait due to a right knee disability. (f.) Opine whether it is at least as likely as not (50 percent or greater probability) that any left ankle disability diagnosed during the pendency of the appeal at least as likely as not (50 percent or greater probability) proximately due a right knee disability or any altered gait due to a right knee disability. 6. Schedule the Veteran for a VA audiology examination to determine the nature and etiology of any bilateral hearing loss disability and tinnitus. The examiner must review the record and should note that review in the report. In reviewing the record, the examiner should note the service medical records; any relevant service personnel records; the post-service treatment records; and the Veteran’s lay statements regarding symptoms during and since service. A complete rationale should be stated for all opinions and conclusions expressed. After an examination, a review of the claims file, and an interview with the Veteran, the examiner is asked to also provide the following opinions: (a.) Opine whether it is at least as likely as not (50 percent probability or greater) that bilateral hearing loss had its onset during service or is related to any event, injury, or disease during service, to include any noise exposure. Consider the Veteran’s lay statements regarding symptoms during and since service. (b.) Opine whether it is at least as likely as not (50 percent or greater probability) that a bilateral hearing loss disability (1) began during active service, (2) manifested within one year after the February 2012 separation from service, or (3) was noted during service with continuity of the same symptomatology since service. (c.) Opine whether it is at least as likely as not (50 percent probability or greater) that tinnitus had its onset during service or is related to any event, injury, or disease during service, to include any exposure to noise. Consider the Veteran’s lay statements regarding symptoms during and since service. (d.) Opine whether it is at least as likely as not (50 percent or greater probability) that tinnitus (1) began during active service, (2) manifested within one year after the February 2012 separation from service, or (3) was noted during service with continuity of the same symptomatology since service. Harvey P. Roberts Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T.M. Gillett 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.