Citation Nr: 21042260 Decision Date: 07/12/21 Archive Date: 07/12/21 DOCKET NO. 15-18 411 DATE: July 12, 2021 REMANDED The issue of service connection for a right knee disorder is remanded. The issue of service connection for a right knee disorder is remanded. REASONS FOR REMAND The Veteran served in the U.S. Army from April 2006 to April 2010. He served in Afghanistan. In August 2020, the Board in part denied service connection for right and left knee disorders. The Veteran appealed to the United States Court of Appeals for Veterans' Claims (Court). In March 2021, the Court granted the Parties' Joint Motion for Partial Remand (JMPR); vacated the August 2020 Board's denial of service connection for the knee disorders; and remanded the appeal to the Board. 1. The issue of service connection for a right knee disorder is remanded. 2. The issue of service connection for a right knee disorder is remanded. The matters are REMANDED for the following action: 1. BACKGROUND FOR THE RO ADJUDICATOR: The record does not contain the Veteran's physical examination for service separation. June 2011 Reports of General Information indicate that the RO attempted to contact the Veteran to determine whether he was provided an examination at service separation. The RO was unable to reach the Veteran and there is no evidence that it attempted to obtain a separation examination. Additionally, no service personnel records (SPRs) have been associated with the file. Those records may contain the separation examination. Remand is necessary to ensure all service treatment records (STRs) and SPRs have been associated with the file. VA examiners have consistently stated that the Veteran did not have a diagnosed left or right knee disorder. However, he has also had weakness, giving way, and pain. The most recent VA examination, in November 2019, indicated functional impairment but the examiner did not provide an opinion as to whether the right or left knee impairment was caused by service because she concluded that there was no diagnosed disorder. Remand is necessary to afford a new VA examination and obtain a medical opinion to determine whether the Veteran has a diagnosed disorder or functional impairment in either knee and, if so, whether it was caused by service. 2. Contact the National Personnel Records Center (NPRC) and/or the appropriate service entity and request that it forward all available STRs and SPRs not already of record for association with the Veteran's file. 3. AFTER ASSOCIATING THE ABOVE-REQUESTED RECORDS WITH THE FILE, schedule the Veteran for a VA knees examination to obtain an opinion as to the nature and etiology of right and left knee disorders or impairment. All indicated tests and studies should be accomplished and the findings reported in detail. All relevant medical records must be made available to the examiner for review of pertinent documents. The examination report should specifically state that such a review was conducted. The examiner must provide a comprehensive explanation for all opinions provided. The examiner should address the following: (a.) Whether a right knee disorder was caused by any in-service event, injury, disease, or disorder, or in any way originated during service. (b.) Whether a left knee disorder was caused by any in-service event, injury, disease, or disorder, or in any way originated during service. (c.) If the Veteran does not have a diagnosed right knee disorder, whether he has functional impairment that was caused by any in-service event, injury, disease, or disorder, or in any way originated during service. (d.) If the Veteran does not have a diagnosed left knee disorder, whether he has functional impairment that was caused by any in-service event, injury, disease, or disorder, or in any way originated during service. (e.) Whether a right knee disorder, or right knee functional impairment, was caused by any service connected disorder. (f.) Whether a left knee disorder, or left knee functional impairment, was caused by any service connected disorder. (g.) Whether a right knee disorder, or right knee functional impairment, was aggravated by any service connected disorder. (h.) Whether a left knee disorder, or left knee functional impairment, was aggravated by any service connected disorder. Service connection is currently in effect for posttraumatic stress disorder (PTSD) with psychotic features and insomnia; chronic musculoligamentous lumbar strain; right lower extremity sciatica; left lower extremity sciatica; and right hand dermatophytosis. The examiner is advised that permanent worsening is not required for aggravation by a service-connected disorder; temporary worsening is sufficient to grant service connection. The examiner's attention is drawn to the following: *DD214 stating that the Veteran was awarded a Parachutist Badge. *May 2006 STR indicating treatment for "pain in the leg (below the knee)." VBMS Entry 4/21/2011, p. 80. *August and October 2006 STR problem lists which included "pain in the leg (below the knee)." VBMS Entry 4/15/2011, p. 102, 116. *April 2007 pre-deployment health assessment on which no orthopedic referral was indicated. VBMS Entry 4/15/2011, p. 50. *June 2008 post-deployment health assessment where the Veteran reported that he did not seek treatment for weakness; muscle aches; or swollen, stiff, or painful joints. VBMS Entry 4/15/2011, p. 36. *March 2009 STR indicating that the Veteran had pain down his legs. VBMS Entry 4/15/2011, p. 74, 80. *April 2011 claim on which the Veteran reported right knee pain. *May 2011 VA examination in which the Veteran reported bilateral knee pain in service from marching and parachute jumps. He reported that he did not seek treatment in service. He was then working as a sanitation worker and reported knee pain when he jumped off the garbage truck. An X ray study of each knee was normal. *January 2012 VA examination report stating a diagnosis of left knee strain without chronic disabling findings. The Veteran reported worse symptoms in the left knee than the right, that he had difficulty jumping off the garbage truck at work, and that he occasionally had a feeling of giving way in the left knee. An X-ray study of each knee was normal. *May 2012 VA treatment record stating that the Veteran had ongoing bilateral knee pain of undetermined origin. VBMS Entry 8/30/2013, p. 33. *June 2012 VA treatment record stating that the Veteran had bilateral knee pain which began during his last deployment. VBMS Entry 8/30/2013, p. 30. *September 2012 VA treatment record stating that the Veteran had complaints of ongoing left knee pain since service but that it had recently worsened. VBMS Entry 8/30/2013, p. 23. *July 2013 informal claim in which the Veteran reported that his right and left knee disorders were caused or aggravated by his service-connected lumbar spine disorder, and that his STRs contained notes of pain traveling from the low back down the legs. *January 2014 VA mental disorders examination in which it was noted that the Veteran was no longer playing basketball or working out due to knee and ankle symptoms. *March 2016 Statement in Support of Claim on which the Veteran reported in-service knee injuries from difficult parachute jump landings. He stated that he did not seek treatment in service for fear of harassment from his fellow shoulders and, instead, treated his symptoms with ibuprofen. He stated that his knee pain has continued since service. *November 2019 VA examination report and opinions stating that the Veteran had no diagnosed right or left knee disorder, that he reported that his symptoms began in service due to parachute jumps, that he had flare-ups and functional impairment from knees buckling, that weakness significantly limited functional ability with repeated use over time and during flare-ups, that functional ability was limited due to knees giving way during flare-ups, and that his knee symptoms impacted his employment because he had to be careful and pick jobs that were not strenuous. *VA treatment records noting treatment for or complaints of knee pain. VBMS Entries 1/25/2012, p. 13; 8/30/2013, p. 29; 6/13/2014, p. 6, 34, 35; 10/29/2019, p. 4, 126, 139. Vito A. Clementi Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. E. Miller, Counsel The Board's action is binding only in this case and is not precedential or establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.