Citation Nr: 21032310 Decision Date: 05/26/21 Archive Date: 05/26/21 DOCKET NO. 16-40 345 DATE: May 26, 2021 REMANDED Entitlement to service connection for a left knee disability is remanded. Entitlement to service connection for a right hip disability is remanded. Entitlement to service connection for a left hip disability is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1973 to February 1977. These matters come before the Board of Veterans' Appeals (Board) on appeal from a December 2014 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). In July 2016, the Veteran withdrew his request for a Board hearing. 38 C.F.R. § 20.704(d). In November 2018, the Board remanded the issues on appeal for further development; there was substantial compliance with the remand directives. 1. Entitlement to service connection for a left knee disability is remanded. In a July 2015 VA treatment record, the VA orthopedic surgeon treating the Veteran (at the Evansville community based oupatient clinic in Indiana) indicated that he previously had treated the Veteran 'in the civilian world'. Specifically, the physician noted that he performed a partial medial meniscectomy on the Veteran's left knee in "about 1993." In addition, multiple VA treatment records reference an August 2002 left knee arthroscopic surgery to repair an anterior cruciate ligament (ACL) tear. VA treatment records reflect that the Veteran first enrolled for VA medical treatment in March 2015, therefore, these surgeries and medical care likely would have been administered through private medical providers. The relevant private treatment records related to these surgeries, and to treatment pre- and post-surgery, are outstanding, as they have not been associated with the Veteran's claims file. On remand, the Veteran should be requested to provide authorization so the RO can obtain any relevant private medical records. 2. Entitlement to service connection for a right hip disability is remanded. 3. Entitlement to service connection for a left hip disability is remanded. In an August 2015 VA treatment record, the Veteran is noted to have been receiving injections to ease symptoms in his bilateral hips "intermittently for perhaps up to ten years" prior. The Veteran first enrolled for VA medical treatment in March 2015, therefore, the approximately10 years of prior treatment on his bilateral hips likely would have been administered through private medical providers. On remand, the Veteran should be requested to provide authorization so the RO can obtain any relevant private medical records. The matters are REMANDED for the following action: 1. Ask the Veteran to complete a VA Form 21-4142 for any private (non-VA) physician(s)/facility(ies) that provided medical treatment for any left knee and/or bilateral hip disabilities prior to March 2015, to include records in relation to: bilateral hip injections; an August 2002 left knee arthroscopic surgery; and a partial medial meniscectomy performed by his current VA clinician in about 1993. He should also complete a VA Form 21-4142 and any relevant private medical records dated after March 2015. Make two requests for the authorized records unless it is clear after the first request that a second request would be futile. 2. Thereafter, if and only if, additional relevant medical records are obtained, secure an addendum opinion from an appropriate clinician as to the nature and likely etiology of the claimed bilateral hip and left knee disabilities. The examiner should provide an opinion as to whether it is at least as likely as not (50 percent probability or more) that any current bilateral hip and left knee disabilities either began during active service or are related to injury, disease, or other event in active service. The examiner should specifically consider the Veteran's injury in service in which he injured his knees and hips when he fell into a deep hole when running across a field (as described in the July 2016 VA Form 9, substantive appeal and statement). The examiner must provide a rationale for all conclusions. D. JOHNSON Veterans Law Judge Board of Veterans' Appeals Attorney for the Board R. Caban, 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.