Citation Nr: 21032248 Decision Date: 05/26/21 Archive Date: 05/26/21 DOCKET NO. 16-41 483 DATE: May 26, 2021 REMANDED Entitlement to service connection for a left knee condition, claimed as fluid on left knee, is remanded. Entitlement to service connection for chronic obstructive pulmonary disease (COPD) is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1974 to August 1981. These matters come before the Board of Veterans' Appeals (Board) on appeal from an August 2013 rating decision from a Department of Veterans Affairs (VA) Regional Office (RO). In March 2021, the Veteran appeared before the undersigned Veterans Law Judge (VLJ) at a virtual hearing. A transcript of the hearing has been associated with the electronic file. 1. Entitlement to service connection for a left knee condition, claimed as fluid on left knee, is remanded. The Veteran contends that he injured his left knee during his active duty service when as a catcher for his divisional team a pitcher threw a ball that hit his unprotected knee. The next day his knee was swollen, and he was unable to get out of bed. See Hearing Transcript received 3/10/2021 at pages 3-4; see also NOD received 9/26/2013 at page 1. He later went to sick call where the fluid in his knee was drained. Id. at page 4. The Board finds that a remand is warranted for a VA examination. First, the Veteran has a current diagnosis of left knee degenerative joint disease (DJD) and possibly gout. See Capri received 8/07/2018 at page 23 and 26. During service, the Veteran complained about his left knee and requested that a doctor examine it. See STR-Medical received 9/07/2011 at page 4. At the hearing, the Veteran testified that his left knee swelling, and pain has been continuous since he left service in 1981. See Hearing Transcript received 3/10/2021 at page 5. Given the aforementioned, the Board finds that the Veteran meets the criteria for a VA examination under the holding of McLendon v. Nicholson since there is evidence of a current disability, evidence establishing that an event happened during service, and an indication, the Veteran's testimony, that his current symptoms may be associated with the in-service event but there is no competent medical evidence of record. See McLendon v. Nicholson, 20 Vet. App. 79, 81-86 (2006); see also 38 U.S.C. § 5103A(d)(2); 38 C.F.R. § 3.159(c)(4)(i). Accordingly, the Board finds that a VA examination is warranted. 2. Entitlement to service connection for COPD is remanded. The Board finds that a VA examination for the Veteran's claim of service connection for COPD is also warranted. First, the Veteran's medical records show that he has a current diagnosis of chronic COPD. See Medical Treatment Record -Non-Government Facility received 10/05/2015 at page 8. Secondly, during service the Veteran was given chest x-rays, which although essentially negative, one in May 1980 found that the Veteran had a calcified lymph node. See STR received 9/07/2011 at page 35. At the hearing, the Veteran testified that during service was sent to Camp Lejeune where he worked in a warehouse dealing crates for approximately, five to six months. See Hearing Transcript received 3/10/2021 at page 10. After that he worked in household effects, worked in an air wing, and again worked in a warehouse making crates, boxes, and packaging items. Id. Due to his MOS, the Veteran's representative contended that he was potentially exposed to asbestosis. Id. at page 11. Since no medical examiner has opined on the connection between the Veteran's service and his current COPD, the Board finds that a VA examination is warranted under the holding of McLendon in order for the Board to decide on the claim. See McLendon v. Nicholson, 20 Vet. App. 79, 81-86 (2006); see also 38 U.S.C. § 5103A(d)(2); 38 C.F.R. § 3.159(c)(4)(i). Accordingly, this claim is remanded for a VA examination. At the 2021 Board hearing, it was raised that the Veteran is on Social Security disability for his COPD. It does not appear that all records from this agency have been associated with the claims file. As such, efforts to obtain these records are to be made on remand. These matters are REMANDED for the following actions: 1. Request all of the Veteran's Social Security records related to any application(s) for disability benefits. Document all actions taken to obtain these records. Associate any located records with the claims file. If unavailable, notify the Veteran and his representative. 2. After #1, schedule the Veteran for a VA examination for his left knee condition. The examiner must review the claims file. If a diagnosis cannot be provided but the Veteran's condition manifests in symptoms that cause functional impairment, then the examiner should consider them a "disability" for the purpose of providing the requested opinion below. The examiner is asked to provide a response to the following: (a) Is his left knee condition at least as likely as not related to service, including his claimed injury while playing baseball during service? See Hearing Transcript received 3/10/2021 at pages 3-4; STR Medical received 9/07/2011, at 4. (b) Is it at least as likely as not that the Veteran's left knee condition diagnosed as DJD (1) began during active service, (2) manifested within presumptive period after discharge from service, or (3) was noted during service with continuity of the same symptomatology since service? The examiner must provide a complete rationale for his or her opinion(s) in the examination report. If any of the above requested opinions cannot be made without resort to speculation, the examiner must state this and provide a rationale for such conclusion. 3. After completing #1, schedule the Veteran for a VA examination for his COPD. The examiner must review the claims file. If a diagnosis cannot be provided but the Veteran's condition manifests in symptoms that cause functional impairment, then the examiner should consider them a "disability" for the purpose of providing the requested opinion below. The examiner is asked to provide a response to the following: (a) Is his COPD at least as likely as not related to service, including his MOS where he worked in warehouses during service? See Hearing Transcript received 3/10/2021 at page 10. (b) Is his COPD at least as likely as not related to contaminants in the water during service at Camp Lejeune? The examiner is advised that a negative opinion cannot be based solely on the fact that COPD is not on the list of diseases that are presumptively associated with exposure to contaminants in the water supply at Camp Lejeune. The examiner must provide a complete rationale for his or her opinion(s) in the examination report. If any of the above requested opinions cannot be made without resort to speculation, the examiner must state this and provide a rationale for such conclusion.. Paul Sorisio Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Dixon, 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.