Citation Nr: 21030753 Decision Date: 05/19/21 Archive Date: 05/19/21 DOCKET NO. 19-20 759 DATE: May 19, 2021 REMANDED Entitlement to service connection for a left knee disability is remanded. Entitlement to service connection for a right knee disability is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from June 1960 to March 1963, June 1963 to December 1966, and June 1971 to March 1983. However, the period from June 21, 1978 to his discharge is deemed dishonorable for VA purposes and a bar to VA benefits. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2018 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a hearing before the undersigned in April 2021. A transcript of the hearing is of record. 1. Entitlement to service connection for a left knee disability is remanded. 2. Entitlement to service connection for a right knee disability is remanded. The Veteran is seeking service connection for left and right knee disabilities that he attributes to injuries sustained during parachute jumps in service. The Board notes his personnel records show he received the Parachutist Badge. Unfortunately, the Veteran was not provided a VA knee examination, and the claims file does not contain medical records that document treatment of a knee disability. Under these circumstances, the Board finds remand is necessary to afford the Veteran a VA examination to ascertain the nature and etiology of any current left or right knee disabilities. See McLendon v. Nicholson, 20 Vet. App. 79 (2006). Green v. Derwinski, 1 Vet. App. 121, 124 (1991) (holding that where the record does not adequately reveal the current state of that disability, the fulfillment of the statutory duty to assist requires a thorough and contemporaneous medical examination). On remand, any outstanding VA treatment records should be associated with the file, and the Veteran should be given an opportunity to identify or submit any outstanding private treatment records. The Board encourages the Veteran to obtain and submit any relevant records himself, if possible, to avoid further delay. The matter is REMANDED for the following action: 1. Obtain and associate with the claims file any outstanding VA treatment records. Contact the Veteran and ask him to identify whether there are any outstanding private medical records reflecting treatment for his claimed left and right knee disabilities, particularly any records documenting treatment for knee issues close in time to his periods of active duty service. If such records are identified, then obtain those records and associate them with the electronic claims file. To expedite this action, the Veteran is encouraged to get these records himself and submit any additional VA or private medical records in his possession. 2. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any left and right knee disabilities. The claims file should be made available and reviewed by the examiner. Following consideration of the evidence of record (both lay and medical), the examiner is asked to address the following: For each left knee disability diagnosed (if any), provide an opinion as to whether it is at least as likely as not (a 50 percent or greater probability) any such disability originated during active service or is otherwise etiologically related to active service, including the parachute jumps he made. (Continued on the next page) For each right knee disability diagnosed (if any), provide an opinion as to whether it is at least as likely as not (a 50 percent or greater probability) any such disability originated during active service or is otherwise etiologically related to active service, including the parachute jumps he made. The examiner must include in the medical report the rationale for any opinion expressed. John J. Crowley Veterans Law Judge Board of Veterans' Appeals Attorney for the Board William A. Skowronski, 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.