Citation Nr: 21029419 Decision Date: 05/13/21 Archive Date: 05/13/21 DOCKET NO. 17-18 239 DATE: May 13, 2021 REMANDED Entitlement to service connection for a right knee condition is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from November 1980 to November 2004. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2015 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Atlanta, Georgia. The Veteran testified at a Board hearing before the undersigned in January 2021. A copy of the hearing transcript has been associated with the claims file. 1. Entitlement to service connection for a right knee condition is remanded. VA treatment records show the Veteran had surgery on his right knee after a torn meniscus, and pain in his right knee since around 2011. The Veteran testified at his January 2021 hearing that he tore his meniscus in 2011. X-rays from July 2014 note the Veteran has mild osteoarthritis in both knees. Service treatment records are silent for any right knee injuries or complaints during service. However, the Veteran testified at his January 2021 hearing that he had knee pain and swelling in service. He said while working on several ships on the flight deck, "the natural bending of my knee and stubbing of them on various objects on the flight deck" caused knee pain and swelling. He stated he went to sick call, where they gave him ibuprofen, but did not provide a diagnosis. The Veteran's lay statement regarding his knee pain and swelling in service indicate that the Veteran's current right knee condition may have been caused by or occurred during his service. However, the Board cannot make a fully-informed decision on this issue because no VA examiner has opined whether the Veteran's right knee condition was related to his service. The Board finds that the Veteran should be afforded a VA examination with respect to his claim for entitlement to service connection for a right knee condition. Under McLendon, VA is obligated to provide an examination when the record contains (1) competent evidence of a current disability (or persistent or recurrent symptoms of a disability), (2) evidence establishing that an event, injury, or disease occurred in service, and (3) an indication that the disability or persistent or recurrent symptoms of a disability may be associated with the veteran's service, but (4) there is insufficient competent medical evidence on file to decide the claim. 38 U.S.C. § 5103A(d); McLendon v. Nicholson, 20 Vet. App. 79, 81 (2006). The matters are REMANDED for the following action: 1. Obtain all VA treatment records not currently associated with the claims file. 2. Provide the Veteran with a VA examination for his right knee condition. The entire file should be made available to the examiner. The examiner is requested to review all pertinent records associated with the claims file, including the Veteran's service treatment records, post-service medical records, and assertions. The examiner must provide an opinion as to whether it is at least as likely as not (50 percent probability or greater) that the Veteran's right knee condition had its clinical onset during active service or is related to any in-service disease, event, or injury, to include the Veteran's hearing testimony that he was given ibuprofen in service for right knee pain and swelling. The examiner is requested to provide a clear rationale and explain in detail the underlying reasoning for any opinions expressed. A discussion of the facts and medical principles involved would be of considerable assistance to the Board. If an examiner cannot provide the requested opinion without resorting to speculation, he or she should expressly indicate this and provide a supporting rationale as to why an opinion cannot be made without resorting to speculation. TANYA SMITH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Papacalos, 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.