Citation Nr: 22014472 Decision Date: 03/14/22 Archive Date: 03/14/22 DOCKET NO. 20-03 355 DATE: March 14, 2022 REMANDED The request to reopen the issue of entitlement to service connection for a left knee disability is remanded. The request to reopen the issue of entitlement to service connection for a right knee disability is remanded. The issue of entitlement to service connection for an acquired psychiatric disability is remanded. The issue of entitlement to service connection for sleep apnea is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1976 to July 1980. In February 2022, he testified under oath at a virtual hearing before the undersigned Veterans Law Judge. Issues on appeal have been expanded and recharacterized pursuant to Clemons v. Shinseki, 23 Vet. App. 1 (2009). The Board defers adjudication of the requests to reopen pending the below development. See 38 C.F.R. § 38 C.F.R. § 3.156 (c). 1. The request to reopen the issue of entitlement to service connection for a left knee disability. 2. The request to reopen the issue of entitlement to service connection for a right knee disability. 3. The issue of entitlement to service connection for an acquired psychiatric disability. 4. The issue of entitlement to service connection for sleep apnea. The Board finds that additional development is needed prior to final adjudication of the issues on appeal. First, based on statements made at the February 2022 virtual hearing, the Board finds that there may be outstanding treatment records to obtain and associate with the claim file. In particular, the Board acknowledges the contention that there are records from approximately 30 years ago. Upon remand, the Board asks that efforts be made to assist the Veteran in obtaining these records. In searching for records, the Board notes that the Veteran's surname has been misspelled at times throughout the record, including on his DD 214. If appropriate, upon completion of the above development, the Veteran may be scheduled for VA examinations to address the etiology of the claimed disabilities on appeal. The matters are REMANDED for the following action: 1. After securing any necessary consent forms from the Veteran, obtain any outstanding treatment records, to include any service, VA and/or private treatment records, pertaining to the issues on appeal. The Board notes that based on statements made at the February 2022 virtual hearing, there may be outstanding treatment records to obtain and associate with the claim file. In particular, the Board acknowledges the contention that there are records from approximately 30 years ago. Upon remand, the Board asks that efforts be made to assist the Veteran in obtaining these records. In searching for records, the Board notes that the Veteran's surname has been misspelled at times throughout the record, including on his DD 214. All efforts should be documented in the claim file. If any records could not be obtained, this should be noted in the claim file. 2. If appropriate, upon completion of the above development, the Veteran may be scheduled for VA examinations to address the etiology of the claimed disabilities on appeal. For each disability diagnosed, the examiner is asked to address whether it is at least as likely as not (i.e., a 50 percent or greater probability) that it was incurred in, or is otherwise related to, the Veteran's active service. In addition, if the claimed right or left knee disabilities, or both, are determined to be service-connected, the examiner should provide an opinion as to whether it is at least as likely as not (i.e., a 50 percent or greater probability) that the claimed right/left knee disability, acquired psychiatric disability, and sleep apnea disability are due to or the result of or aggravated (defined as any increase in disability) by the right or left knee disabilities, or both. The Board acknowledges the Veteran's contentions regarding weight gain due to his claimed knee disabilities. If the claimed right or left knee disabilities, or both, are determined to be service-connected, the examiner is asked to address the following regarding secondary service connection: (a) Is it at least as likely as not that the service-connected disability caused the Veteran to become obese? (b) If so, is it at least as likely as not that obesity, as a result of the service-connected disability, was a substantial factor in causing the claimed secondary disability? (c) If so, is it at least as likely as not that the claimed secondary disability would not have occurred but for obesity caused by the service-connected disability? The VA examiner should be given access to the claim file. The examiner should state that a review of the claim file was completed. The examiner must provide a comprehensive report including complete rationales for all opinions and conclusions reached, citing the objective medical findings leading to the conclusions. A detailed rationale is requested for all opinions provided. (Continued on next page) 3. If upon completion of the above action the issues are denied, the case should be returned to the Board after compliance with appellate procedures. E. I. VELEZ Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. Foster, 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.