Citation Nr: 21029705 Decision Date: 05/14/21 Archive Date: 05/14/21 DOCKET NO. 07-16 599 DATE: May 14, 2021 REMANDED Entitlement to service connection for a disability manifested by left knee pain is remanded. Entitlement to service connection for a disability manifested by right knee pain is remanded. Entitlement to service connection for a disability manifested by lower abdominal pain is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from June 1973 to October 1979. This appeal was last before the Board in January 2021. At that time, its procedural history was set out and it was remanded for additional development. The appeal has since been returned to the Board. In its Remand, the Board noted that a December 2020 Joint Motion for Remand (JMR) from the United States Court of Appeals for Veterans Claims (Court) had identified outstanding internal VA treatment records which needed to be located and obtained. The terms of the JMR found that a February 2006 response to a request for treatment records from Elmendorf Air Force Base Hospital should have triggered an internal VA search for the sought after records, since the response indicated the sought after records had already been loaned to VA. Apparently, the parties to the JMR desire documentation dated after February 2006, that VA conducted an internal search for the sought after records, before determining the records are not available. Furthermore, if such records were obtained, the Veteran was to be afforded a new VA examination for his bilateral knees. It does not appear that the RO had even begun this search, much less schedule a VA examination, before the case was returned to the Board. Additionally, the Board asked the RO to obtain a VA examination addendum opinion for the Veteran's lower abdominal pain claim. In this regard, it was noted that the Board previously remanded the Veteran's abdominal pain claim for an opinion addressing the Veteran's post service umbilical hernia in the context of his service connection claim. The Veteran was provided with a new VA examination in February 2019 with an addendum opinion in September 2020. This opinion did not address the umbilical hernia question, which was the original reason for seeking the opinion. It does not appear that the addendum opinion was sought prior to the Veteran's case returning to the Board. It appears the Veteran's claim has been recertified prematurely to the Board. The RO should complete the previously requested development. The matters are REMANDED for the following action: 1. Contact the Veteran and ask him to provide the necessary release for any additional relevant private treatment records he wishes to be considered in connection with the appeal, which records should be sought, (or he may submit such records himself). 2. Obtain relevant outstanding VA treatment records to include records since the last supplemental statement of the case. 3. The RO should document an internal search for any records of the Veteran's treatment at Elmendorf Air Force Base Hospital, made as a consequence of the Board's request. The Veteran should be notified of the results of that search, and any records located should be associated with the Veteran's file. 4. If any records from Elmendorf Air Force Base Hospital are located, schedule the Veteran for a new VA examination for his bilateral knees, which should identify any current disability; and address whether any disability had its onset in service, or is otherwise related to service. In addressing this, the examiner should include discussion of the Veteran's lay statements and contentions regarding the June 1975 parachute accident and wear and tear caused by regular in-service duties (i.e., carrying a heavy rucksack, prolonged running and walking, numerous parachute jump landings, etc.) and his statements reporting the onset of symptomology. Any discussion of wear and tear as might occur in service, should also include discussion of wear and tear as might occur during periods when the Veteran was not in service, and how any wear and tear might be related to aging or be distinct from aging. The conclusions expressed should be fully explained. 5. The Veteran's claims file should be provided to an appropriately qualified person for an opinion addressing whether the Veteran's lower abdominal pain, including as may have been related to his previously diagnosed umbilical hernia in the 2004 to 2013 timeframe, had its onset during active service or is otherwise related to active service. The examiner is specifically asked to address the Veteran's lay statements and contentions regarding the June 1975 parachute accident and wear and tear caused by regular in-service duties (i.e., carrying a heavy rucksack, prolonged running and walking, numerous parachute jump landings, etc.) and whether this could have produced on-going lower abdominal pain and/or an umbilical hernia. Because medical treatment records cannot be located for the 1980-1989 period and the Veteran has alleged receiving treatment for his complaints during that timeframe, the examiner should not base his or her opinion solely on the lack of treatment notes in the claims file directly after service separation or that the first complaints of record were in August 2002. Any opinions expressed should be accompanied by supporting rationale. 6. Undertake any additional development as may become indicated and readjudicate the issues on appeal. MICHAEL E. KILCOYNE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Dodd, Ryan 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.