Citation Nr: 21030372 Decision Date: 05/18/21 Archive Date: 05/18/21 DOCKET NO. 16-19 050A DATE: May 18, 2021 REMANDED Entitlement to service connection for a left knee disability is remanded. REASONS FOR REMAND The Veteran had active service in the Army Reserve from March 1980 to June 1980, in the Air Force from December 1982 to May 1987, and had additional Reserve service and active service in the Air National Guard from May 1987 to September 1990. This matter was previously remanded by the Board of Veterans' Appeals (Board) in October 2018, and denied in January 2020. Subsequently, in a December 2020 order, the United States Court of Appeals for Veterans Claims (CAVC) granted a Joint Motion for Partial Remand (JMPR), which set aside the Board's denial and remanded the issue. Additionally, the Board notes that the issues of entitlement to service connection for an acquired psychiatric disorder, to include post-traumatic stress disorder and entitlement to service connection for a back disability were granted by the Agency of Original Jurisdiction (AOJ) in April 2020 and August 2020 rating decisions. Accordingly, as the awards of service connection represent full grants of the benefits sought, they are no longer on appeal. Entitlement to service connection for a left knee disability is remanded. The Board notes that while the record includes service medical records from the Veteran's initial period of service in the Army Reserves, from March to June 1980, the record does not include any service medical records from his service in the Air Force, from December 1982 to May 1987, nor does the record include service medical records from his time in the Air Force Reserves, from August 1988 to September 1990. Accordingly, a remand is required to obtain additional service treatment records. VA has a duty to assist claimants to obtain evidence needed to substantiate a claim. This includes making as many requests as are necessary to obtain relevant records from a Federal department or agency, including, but not limited to, military records. 38 C.F.R. § 3.159(c)(2). Therefore, remand is necessary to obtain any outstanding service treatment records. The matters are REMANDED for the following action: 1. Obtain the Veteran's complete service treatment records, in particular his service treatment records from his service in the Air Force, from December 1982 to May 1987, and from his time in the Air Force Reserves, from August 1988 to September 1990. Document all attempts to obtain these records and ensure attempts are made to obtain the records through all official repositories. Efforts to obtain the records should continue unless the conclusion is made that the records do not exist or that further efforts would be futile. 2. Once the above development has been completed, if any additional service records are obtained, obtain a new VA examination to determine the nature and etiology of the Veteran's claimed left knee disability. The examiner should review the claims folder, and then respond to the following: Is it at least as likely as not (i.e., probability of 50 percent or greater) that a left knee disability is related to the Veteran's active duty service? In answering this question, review and consider the lay assertions of record, to include the Veteran's statement that his knee problems began during active service. See VBMS, document labeled Form 9, receipt date 05/25/2016. Also, note that the Veteran is competent to describe any symptoms he may have experienced since service discharge, particularly symptoms of knee pain. The examiner is asked to explain the reasons behind any opinions expressed and conclusions reached. The examiner should note that the lack of a diagnosed disability in service cannot serve as the sole basis for a negative finding. Lay contentions must be considered and weighed in making the determination as to whether a nexus exists. The examiner is reminded that the term "as likely as not" does not mean "within the realm of medical possibility," but rather that the evidence of record is so evenly divided that, in the examiner's expert opinion, it is as medically sound to find in favor of the proposition as it is to find against it. Bethany L. Buck Veterans Law Judge Board of Veterans' Appeals Attorney for the Board David M. Sebstead, 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.