Citation Nr: 21039921 Decision Date: 07/01/21 Archive Date: 07/01/21 DOCKET NO. 17-04 735 DATE: July 1, 2021 THE ISSUES 1. Entitlement to service connection for a right hip disability. 2. Entitlement to service connection for a right knee disability. REMANDED Entitlement to service connection for a right hip disability is remanded. Entitlement to service connection for a right knee disability is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1969 to November 1971. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2015 rating decision that denied service connection for right hip disability and right knee disability. The Veteran perfected an appeal. See notice of disagreement of August 2015; VA Form 9 of January 2017. On February 4, 2017, new VA treatment records were added to the record. The new records became associated with the claims folder following the issuance of the statement of the case (SOC) in January 2017 and prior to the transfer of records to the Board on February 8, 2017. In a January 2019 Board decision, the Board found that because the case was within the parameters of 38 C.F.R. § 19.37(a), the matters should be remanded to the RO to consider the evidence and readjudicate the claims. The RO subsequently issued a supplemental statement of the case (SSOC) in July 2020. Therefore, the Board finds that there has been substantial compliance with its remand directives. Stegall v. West, 11 Vet. App. 268, 271 (1998); Dyment v. West, 13 Vet. App. 141, 146-47 (1999) (noting that Stegall requires substantial compliance, rather than absolute compliance, with remand orders). 1. Entitlement to service connection for a right hip disability is remanded. 2. Entitlement to service connection for a right knee disability is remanded. The Veteran contends that he currently suffers from right knee and right hip disabilities as a result of an injury in service. Specifically, the Veteran contends that while serving in Vietnam, he jumped from a truck to escape incoming enemy mortar fire, and that he was treated for injuries at the First Medical Battalion. The Veteran's DD-214 confirms that he was a rifleman serving in Vietnam. Furthermore, treatment records reveal that the Veteran complained of right hip and right knee pain since his service. See November 2017 VA treatment record. The Board notes that the Veteran has not been afforded an examination for his claimed right hip or right knee disabilities. Under the VCAA, VA is obliged to provide an examination when the record contains competent evidence that the claimant has a current disability or signs and symptoms of a current disability, the record indicates that the disability or signs and symptoms of disability may be associated with active service; and the record does not contain sufficient information to make a decision on the claim. 38 U.S.C. § 5103A (d) (2014). The evidence of a link between current disability and service must be competent. Wells v. Principi, 326 F.3d 1381 (Fed.Cir. 2003). The Board, therefore, finds VA has a duty to provide a VA examination and obtain a medical opinion under the low threshold of McLendon v. Nicholson, 20 Vet. App. 79, 83 (2006). The matters are REMANDED for the following action: 1. Obtain any outstanding and relevant VA treatment records. Should such exist, associate them with the claims file. 2. Thereafter, schedule the Veteran for a VA examination(s) with an appropriate medical professional to determine the nature and etiology of the Veteran's claimed right hip and right knee disabilities. The claims file must be made available to and reviewed by the examiner. A note that it was reviewed should be included in the report. The VA examiner is to clarify whether the Veteran has a current right hip or right knee disability. If the Veteran does not have a current diagnosis associated with his reported symptoms, the examiner should state this with a fully reasoned explanation. The examiner should also state whether there is any functional impairment caused by the Veteran's reported pain, to include any functional impairment caused by the Veteran's reported pain during flare-ups. Evidence of pain alone that causes functional impairment, even without a specific diagnosis or identifiable disease, may constitute a disability for VA purposes. See Saunders v. Wilkie, 886 F.3d 1356, 1368 (Fed. Cir. 2018). After reviewing the claims file and examining the Veteran, the examiner should answer the following questions: a) Whether it is at least as likely as not (probability of fifty percent or greater) that the Veteran has a right hip disability that is related to his active duty service, or is otherwise related to any in-service disease, event, or injury? b) Whether it is at least as likely as not (probability of fifty percent or greater) that the Veteran has a right knee disability that is related to his active duty service, or is otherwise related to any in-service disease, event, or injury? In addressing each disability, examiner's attention is directed to the Veteran's VA treatment records showing complaints of right knee and right hip pain since service. See November 2017 VA treatment record. 3. Thereafter, perform any other development deemed necessary, and readjudicate the issues on appeal. If the determination remains unfavorable to the Veteran, he and his representative should be furnished a supplemental statement of the case which addresses all evidence associated with the claims file since the last statement of the case. The Veteran and his representative should be afforded the applicable time period in which to respond. Michael A. Pappas Veterans Law Judge Board of Veterans' Appeals Attorney for the Board R. E. Geary, 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.