Citation Nr: 21040055 Decision Date: 07/02/21 Archive Date: 07/02/21 DOCKET NO. 18-06 561 DATE: July 2, 2021 ORDER New and material evidence having been submitted, reopening of the claim of entitlement to service connection for a right knee disability is granted. REMANDED Entitlement to service connection for a right knee disability is remanded. FINDINGS OF FACT 1. An unappealed March 2012 denied reopening a previously denied claim of entitlement to service connection for a right knee disability. 2. The evidence associated with the claims file since the March 2012 decision is not cumulative or redundant and raises a reasonable possibility of substantiating the claim for service connection for a right knee disability. CONCLUSION OF LAW The criteria for reopening a previously denied claim of service connection for a right knee disability are met. 38 U.S.C. § 5108 (2018); 38 C.F.R. § 3.156 (2020). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran had active military service from September 1981 to May 2000. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a May 2016 rating decision issued by a Department of Veteran Affairs (VA) Regional Office (RO). The Veteran testified at a hearing before the undersigned Veterans Law Judge in December 2019. A transcript of that hearing has been associated with this claims file. Claim to Reopen Right Knee Disability In a November 2005 rating decision, the Veteran was denied entitlement to service connection for a right knee disability based on a finding that there was no chronic right knee disability established during active service. The Veteran did not appeal that decision. In a March 2012 rating decision, the previously denied claim of entitlement to service connection for a right knee disability was not reopening, based on a finding that new and material evidence had not been received. The Veteran did not appeal that decision. The evidence that has been added to the record since the March 2012 rating decision includes the Veteran's sworn testimony before the Board in December 2019, at which time the Veteran testified that he had complaints about his chronic right knee pain throughout his service career and continuing complaints of pain and clicking since service. The Board finds that the evidence received since the March 2012 rating decision is new, in that it was not previously considered by VA, and it is material as it raises a reasonably possibility of substantiating the claim. Therefore, reopening of the claim of entitlement to service connection for a right knee disability is warranted. To that extent only, the appeal is granted. REASONS FOR REMAND Service Connection Right Knee The Board finds that additional development is required before the remaining claim on appeal is decided. Service treatment records (STRs) show that the Veteran injured his right knee while in active service around November 1993. The Veteran was seen for treatment and physical therapy for his right knee for a period of several months, and was placed on a limited profile through at least May 27, 1994, as a result of his knee injury. Right knee diagnoses noted in the STRs include right patellar bursitis, right patellar tendonitis, and right patellofemoral pain syndrome. At the time of his separation examination in April 2000, the Veteran reported that he had continued to experienced intermittent right knee pain, especially after physical activity, since his original injury in 1993. A review of the post-service evidence of record shows that the Veteran has been diagnosed with patellofemoral pain syndrome and arthritis of the right knee. In light of the in-service right knee injury and subsequent complaints of continued right knee pain, and the post-service evidence of current right knee disabilities; the Board finds that the Veterans should be afforded a new VA examination to determine the nature and etiology of any currently present right knee disability. McLendon v. Nicholson, 20 Vet. App. 79 (2006). Additionally, current treatment records should be identified and obtained before a decision is made in this case. The matters are REMANDED for the following action: 1. Identify and obtain any pertinent, outstanding VA and private treatment records and associate them with the claims file, to include treatment records identified and discussed at the December 2019 Board hearing. 2. Then, schedule the Veteran for an examination by an examiner with sufficient expertise to determine the nature and etiology of any currently present right knee disability. The claims file must be made available to, and reviewed by the examiner. Any indicated studies should be performed. Based on the examination results and a review of the record, the examiner should provide an opinion as to whether it is more likely than not (a 50 percent probability or grater) that any currently present right knee disability is etiologically related to the Veteran's active service. In forming the opinion, the examiner must consider Veteran's lay statements regarding the onset and continuity of his symptoms continued after service. Further, the examiner must specifically consider the in-service documentation of a right knee injury. The rationale for any opinions expressed must be provided. 3. Confirm that the VA examination report and all medical opinions provided comport with this remand, and undertake any other development determined to be warranted. (Continued on the next page) 4. Then, readjudicate the appeal. If the decision is adverse to the Veteran, issue a supplemental statement of the case and allow appropriate time for response. Then, return the case to the Board. Kristin Haddock Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C.Ivan Franklin 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.