Citation Nr: 22015209 Decision Date: 03/16/22 Archive Date: 03/16/22 DOCKET NO. 19-22 883 DATE: March 16, 2022 ORDER The claim for service connection for left knee is granted. The claim for service connection for a lumbar spine is granted. REMANDED The claim for service connection for a bilateral eye disability is remanded. FINDINGS OF FACT 1. Resolving reasonable doubt in the Veteran's favor, his left knee disability is at least as likely as not related to in-service injuries. 2. Resolving reasonable doubt in the Veteran's favor, his lumbar spine disability is at least as likely as not related to in-service injuries. CONCLUSIONS OF LAW 1. The criteria for service connection for left knee disability are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. 2. The criteria for service connection for lumbar spine disability are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from June 1974 to June 1976. He provided testimony before the undersigned during a videoconference hearing in October 2021. A transcript is of record. Service Connection Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004). 1. Entitlement to service connection for left knee 2. Entitlement to service connection for a lumbar spine The Veteran contends that he incurred a left knee and lumbar spine disability as a result of in-service injuries. Resolving all doubt in the Veteran's favor, the Board concludes that service connection for the currently diagnosed left knee and lumbar spine disabilities is warranted. 38 U.S.C. §§ 1110, 1131, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a). The medical treatment records show that the Veteran has current diagnoses including left knee osteoarthritis, tendonitis, chondromalacia patella, status post meniscal tear and lumbar spine spondylosis with mild bilateral neural foraminal stenosis at L4-L5 and L5-S1 with touching of the exiting L4 and L5 nerve roots. While his service treatment records do not document the in-service injury during basic training that the Veteran reported during the Board hearing, the records do document a significant Jeep accident in which he was thrown from the vehicle. Moreover, the Veteran competently reported that his left knee and lumbar spine symptoms began following the reported in-service injuries and have continued since. He further explained that he has self-medicated for the left knee and lumbar spine symptoms since service as he did not consistently have medical insurance or the ability to seek medical care. The Veteran's competent reports regarding the in-service onset and continuity of symptomatology since service are found to be credible. The Board specifically notes that there is not medical opinion evidence weighing against a finding of service connection. As such, and resolving all doubt in his favor, the claim for service connection for the Veteran's left knee and lumbar spine disabilities is granted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. REASONS FOR REMAND 1. Entitlement to service connection for a bilateral eye disability The Veteran asserted during the October 2021 Board hearing that his current eye disability includes a recently diagnosed autoimmune disorder relating to his current eye disability. He further asserted during the hearing that he was told by a medical professional that his eye disability began either as a result of genetics or as a result of some sort of environmental exposure. He stated that he incurred a rash as a result of exposure to contaminated water while stationed at Camp Lejeune and that it was his contention that his eye disability(s) began as a result of this exposure as well. This evidence has not yet been evaluated by a VA examiner and the Board finds that a VA examination and opinion must be obtained. In addition, the Veteran should be asked to identify all outstanding records of VA and private treatment, including the treatment referenced during the Board hearing where he was recently diagnosed with an autoimmune disability. All outstanding records of VA treatment, as well as all private treatment identified and authorized by the Veteran for VA to obtain must be obtained and associated with the claims file. The matters are REMANDED for the following action: 1. Ask the Veteran to identify all outstanding records on ongoing VA and private treatment, including the treatment he referenced during the Board hearing regarding the diagnosis and treatment of an autoimmune disease related to his eyes and treatment with Dr. JL. All identified treatment records the Board has authorization to obtain must be obtained. 2. Schedule the Veteran for a VA examination to assess the nature and etiology of his bilateral eye disability. The examiner must review the claims file. The examiner is asked to provide a response to the following: Are any of the Veteran's eye disabilities at least as likely as not related to service, to include exposure to contaminants in the water during service at Camp Lejeune? Provide a rationale to support the opinion(s). (Continued on the next page) The examiner is advised that a negative opinion cannot be based solely on the fact that the current eye disability(s) is not on the list of diseases that are presumptively associated with exposure to contaminants in the water supply at Camp Lejeune. Cynthia M. Bruce Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. B., 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.