Citation Nr: 21042653 Decision Date: 07/13/21 Archive Date: 07/13/21 DOCKET NO. 17-07 486 DATE: July 13, 2021 REMANDED Entitlement to service connection for a low back condition is remanded. Entitlement to service connection for a left knee condition is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from August 2002 to July 2005. For his meritorious service, the Veteran was awarded (among other decorations) the Army Commendation Medal and the Combat Infantryman Badge. This matter is before the Board of Veterans' Appeals (Board) on appeal from an April 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). 1. All Claims The Board finds further development is required before a decision can be made on the Veteran's claims. On his January 2017 VA Form 9, the Veteran reported that he served in the National Guard for eight years. In addition, he reported that he was discharged from the Army in 2005 and then served in the Army National Guard from September 2005 to September 2014, as noted in a private treatment record. However, complete records pertaining to the Veteran's National Guard service are not in the file. As the records may contain information pertinent to his claims, the Board finds remand to obtain the records is required. 2. Entitlement to service connection for a low back condition is remanded. In March 2015, a VA examiner opined that the Veteran's low back condition was less likely than not related to his active service. The examiner explained that the Veteran's service treatment records did not document any medical care for a chronic low back condition or pain during service. The examiner also noted that, while the Veteran was treated for low back pain in March 2005, there were no further visits for low back pain or a condition thereafter. However, after the March 2015 examination, the Veteran alleged in his January 2017 VA Form 9 that his back condition was related to his military duties, including carrying heavy equipment, jumping from the back of moving trucks, conducting foot patrols for hours with his heavy equipment, and kicking in heavy metal doors during raids. As this contention was not of record at the time of the March 2015 examination and therefore, could not be addressed, the Board finds remand for a new medical opinion is required. 3. Entitlement to service connection for a left knee condition is remanded. The Board finds remand for a VA examination and medical opinion addressing the etiology of the Veteran's left knee condition necessary. VA is obliged to provide an examination or obtain a medical opinion in a claim of service connection 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); McLendon v. Nicholson, 20 Vet. App. 79. The threshold for finding a link between a current disability and service is low. McLendon, 20 Vet. App. at 83. Here, the record shows the Veteran has a current left knee condition as VA treatment records note diagnoses of a strain/sprain and arthralgia. Additionally, on his VA Form 9, he contended that his left knee condition was the result of his military duties, which required he carry heavy equipment, jump from the back of moving trucks, conduct foot patrols for hours with his heavy equipment, and kick in heavy metal doors during raids. A February 2015 VA treatment record also reflects that the Veteran reported his left knee condition was attributable to a fall during his National Guard service and a service treatment record documents treatment for left knee pain following a fall. In light of this, the Board finds that the low threshold requirements for obtaining a VA examination and opinion have been satisfied. Therefore, remand is required to obtain a VA examination to determine whether the Veteran's left knee condition is related to his service. The matters are REMANDED for the following action: 1. With any needed assistance from the Veteran, obtain any updated VA treatment records for the period from February 2018 to the present. 2. Ask the Veteran to complete a VA Form 21-4142 to allow VA to obtain any records of private treatment for his low back and left knee conditions. Make two requests for any authorized records unless it is clear after the first request that a second request would be futile. 3. Obtain the Veteran's complete National Guard records, including all service treatment records and all service personnel records. Verify all active duty for training and inactive duty training dates for alleged service in the National Guard from September 2005 to September 2014. If necessary, a request should be made to the Defense Finance and Accounting Service (DFAS). Document all requests for information as well as all responses in the claims file. 4. After obtaining any additional records, obtain an addendum opinion regarding the etiology of the Veteran's low back condition. The Veteran's claims file must be made available to the examiner for review in conjunction with this request. An examination should only be scheduled if the examiner deems one is necessary for providing the requested opinion. Following a review of the Veteran's claims file, the examiner is asked to provide an opinion as to whether it is at least as likely as not (a 50 percent or greater probability) the Veteran's low back condition is related to his active service or any period of ACDUTRA or INACDUTRA. In providing the requested opinion, the examiner is asked to specifically address whether the Veteran's low back condition is related to his military duties, including carrying heavy equipment, jumping from the back of moving trucks, conducting foot patrols for hours with his heavy equipment, and kicking in heavy metal doors during raids, as reported on his VA Form 9; (ii) treatment for low back pain noted in a March 2005 service treatment record; and (iii) treatment for back pain following a fall noted in his service treatment records. A complete rationale for all opinions must be provided. 5. After obtaining any additional records, schedule the Veteran for a VA examination to determine the nature and etiology of any currently diagnosed left knee condition. The electronic claims file must be made available to the examiner for review in connection with the examination. All indicated tests should be conducted, and the reports of any such studies incorporated into the claims file. The examiner is asked to provide an opinion as to whether it is at least as likely as not (a 50 percent or greater probability) the Veteran's left knee condition is related to his active service or any period of ACDUTRA or INACDUTRA. In providing the requested opinion, the examiner is specifically asked to address whether the Veteran's left knee condition is related to (i) his military duties, which required he carry heavy equipment, jump from the back of moving trucks, conduct foot patrols for hours with his heavy equipment, and kick in heavy metal doors during raids, as reported on his VA Form 9; and (ii) treatment for left knee pain following a fall noted in his service treatment records. A complete rationale for all opinions must be provided. Evan M. Deichert Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Jiggetts 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.