Citation Nr: 21030781 Decision Date: 05/19/21 Archive Date: 05/19/21 DOCKET NO. 17-29 535 DATE: May 19, 2021 REMANDED Entitlement to service connection for right knee degenerative arthritis (claimed as severe pain of the right knee) is remanded. REASONS FOR REMAND The Veteran had active service with the Army from July 1985 to July 1989. This matter is on appeal to the Board of Veterans' Appeals (the Board) from an April 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In March 2021, the Veteran testified in a hearing before the undersigned Veterans Law Judge. A transcript of the hearing is in the evidence of record. After a thorough review of the record, the Board finds that more development is necessary prior to final adjudication of the claim on appeal. The Veteran contends that his right knee began to bother him during basic training. He sought out medical care and was advised to rest, ice, and elevate the knee. However, this was impossible during his training. Additionally, he reported involvement in an armored personnel carrier (APC) accident. He was loading equipment on top of an APC while the driver was running engine checks. The driver engaged the vehicle and the Veteran fell. He reported being instructed by a medic to elevate and ice his knee following the accident. His service treatment records show him complaining of right knee pain from July to September 1985 and that he was diagnosed with patellofemoral arthralgia. In his May 1989 separation examination, he reported swollen or painful joints as well as leg cramps with walking. In an April 2014 VA examination for the right knee degenerative arthritis claim, the examiner did not provide a medical opinion because there were no service treatment record notes to review. At the March 2021 hearing, the Veteran's representative noted that the April 2014 VA examiner did not provide a medical opinion. His representative also noted the Veteran's service treatment records showed him complaining of right knee pain and receiving treatment for patellofemoral arthralgia. The Veteran was granted 30 days to request a nexus opinion from his primary care physician. The record shows he scheduled an appointment with his doctor but was informed the equipment necessary to conduct the examination was not available. In March 2021, the Veteran requested an examination be scheduled for his right knee degenerative arthritis claim. Where the VA undertakes to provide the Veteran with an examination in a service connection claim, the examination must be adequate. Barr v. Nicholson, 21 Vet. App. 303, 311 (2007). On remand, an opinion should be obtained from an appropriately qualified clinician regarding whether the Veteran's current right knee degenerative arthritis is related to any event or circumstance of his service. Furthermore, the Veteran testified to receiving private care after his separation from service around 1990 or 1991. He reported continuously seeking treatment for his knee pain since his separation from service. On remand, the RO should attempt to obtain and associate these records with the claims file. The Veteran should be provided the opportunity to complete a VA Form 21-4142 to authorize the release of information from the medical providers he identifies. The matters are REMANDED for the following action: 1. Provide the Veteran a VA Form 21-4142. Request that he identify all relevant non-VA health care providers including the name and address who have treated him. If the Veteran identifies a private provider, make two requests for the authorized records, unless it is clear after the first request that a second request would be futile. Obtain and associate all other outstanding VA and non-VA treatment records with the claims file. 2. After the above development is complete, schedule the Veteran for a VA examination of his right knee degenerative arthritis. The claims file should be forwarded to an appropriately qualified clinician. The complete record, to include a copy of this remand and the claims folder, must be made available to and reviewed by the examiner in conjunction with the examination. The examination report must include a notation that this record review took place. (a.) The reviewing clinician is asked to opine on the following: If it is at least as likely as not that his right knee degenerative arthritis had its onset in service or was otherwise etiologically related to any event or circumstance of his service. 3. After completion of the above and any additional development deemed necessary, the issue on appeal should be reviewed with consideration of all applicable laws and regulations. If any benefit sought remains denied, the Veteran and his representative should be furnished with a supplemental statement of the case and afforded the opportunity to respond. Thereafter, the case should be returned to the Board for further consideration. MICHAEL LANE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K.L. Byers 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.