Citation Nr: 21031401 Decision Date: 05/21/21 Archive Date: 05/21/21 DOCKET NO. 16-44 952 DATE: May 21, 2021 REMANDED Service-connection for left knee disorder. REASONS FOR REMAND The Veteran served on active duty from November 1969 to November 1973. The case is on appeal from a May 2015 rating decision. In an August 2016 VA Form 9, the Veteran limited the appeal to the left knee claim. Service-connection for left knee disorder. The service treatment records (STRs) show treatment for left knee complaints from November 1969 through December 1973, including a fracture. At his October 1973 service separation examination, a history was noted of fracture of the knee cap in bootcamp with no recorded documentation. (The Board observes that this is incorrect as there is recorded documentation albeit not x-rays.) The Veteran now maintains that he had ongoing knee symptoms after separation from service. See 8/29/2016 VA Form 9; 4/1/2014 VA Orthopedics consultation. At VA in May 2009, he was assessed as having knee pain most likely due to obesity and old fracture/arthritis. Follow-up diagnostic testing, as summarized at an April 2014 VA Orthopedics consultation, established a diagnosis of left knee degenerative joint disease (DJD) with meniscal tears. This evidence meets the low threshold to warrant a VA examination. See 38 U.S.C. § 5103A(d); 38 C.F.R. § 3.159(c)(4)(i); McLendon v. Nicholson, 20 Vet. App. 79, 83 (2006). The matter is REMANDED for the following action: Schedule the Veteran for an examination (or telehealth interview, review of the record, etc., if an in-person examination is not feasible) by an appropriate clinician to determine the nature and etiology of the left knee condition. The examiner is asked to address whether a current disorder at least as likely as not (1) began during active service, (2) manifested within 1 year after discharge from service, (3) was noted during service with continuity of the same symptomatology since service, or (4) , is otherwise related to an in-service injury, event, or disease. In answering this question, the examiner should take as true that (1) the Veteran had a left knee injury during service as documented in the STRs; and (2) he had ongoing symptoms after that injury even though not documented in the STRs. (Continued on the next page) Accordingly, the examiner must consider the statements from the Veteran indicating that symptoms, such as left knee pain, started during service and continued thereafter. The examiner is asked to explain why his statements make it more or less likely that a current condition started during service. If indicated, it should be explained whether there is a **medical** reason to believe that the Veteran's recollection of his symptoms during and after service may be inaccurate or not medically supported as the onset or cause of his current diagnosis. The examiner should not rely on silence in the medical records unless it can be explained: (a) why the silence in the available records can be taken as proof that the symptom(s) did not occur, including why the fact would have normally been recorded if present, or (b) why the absence of medical records is medically significant. RYAN T. KESSEL Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Bosely, 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.