Citation Nr: 22016183
Decision Date: 03/21/22	Archive Date: 03/21/22

DOCKET NO. 19-15 243
DATE: March 21, 2022

REMANDED

Entitlement to service connection for a right knee condition is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Marine Corps from January 1971 to January 1973.  He had further service in the Marine Corps Reserve.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2018 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO).  

The Veteran and his wife presented sworn testimony at a hearing before the undersigned in February 2022.

1. Entitlement to service connection for a right knee condition is remanded.

The Veteran contends that he injured his right knee during a period of inactive duty training while in the Marine Corps Reserve during the time period of 1975 to 1978.  Specifically, he asserts that during jump training at Fort Benning his right knee buckled, resulting in his being taken to the base hospital with x-rays being taken and his knee being bandaged and that he has had recurrent right knee problems since that time.

In light of the above, the Board finds that the Veteran should be afforded a VA examination with the opportunity to obtain responsive etiological opinions, following a thorough review of the record, as to his claim for service connection for a right knee condition.  McLendon v. Nicholson, 20 Vet. App. 79 (2006).

Further, the Board finds that, on remand, the RO should attempt to obtain treatment records from Martin Army Community Hospital and provide the Veteran an opportunity to submit private treatment records.

The matters are REMANDED for the following action:

1. Reach out to the Veteran and his representative to have them identify any private physicians/medical facilities relevant to his claimed heart condition from his discharge from the Navy to his eventual diagnosis. For any physician/medical facility identified, ask the Veteran to complete a VA Form 21-4142, then make two requests for the authorized records, unless it is clear after the first request that a second request would be futile.

2. Obtain records of any inpatient treatment at Martin Army Community Hospital from 1975 to 1978.  Document all requests for information as well as all responses in the claims file.

3. Obtain the Veteran's complete service personnel records, to include all documents pertaining to his service in the United States Marine Corps Reserve.  Verify all active duty for training and inactive duty training dates for alleged service in the United States Marine Corps Reserve from 1972 to 1978.  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.

Schedule the Veteran for a VA examination for his right knee condition.  

If a diagnosis cannot be provided but the Veteran's condition manifests in symptoms that cause functional impairment, then the examiner should consider them a "disability" for the purpose of providing the requested opinion below.

The examiner is asked to provide a response to the following:

Is the right knee condition at least as likely as not related to service, including a claimed right knee injury during jump training?  

Provide a rationale to support the opinion.  

It is not sufficient to base an opinion on a mere lack of documentation of complaints in the service or post-service treatment records. 

 

 

STEVEN D. REISS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Keeley, Brian

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.