Citation Nr: 22017464 Decision Date: 03/25/22 Archive Date: 03/25/22 DOCKET NO. 16-33 067 DATE: March 25, 2022 REMANDED Entitlement to service connection for a right knee disability is remanded. Entitlement to service connection for a left knee disability is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1977 to March 1984. On his July 2016 VA Form 9, the Veteran requested a Board hearing at a local VA office. In October 2021, the Veteran was offered the option of a videoconference hearing before a Veterans Law Judge, and he accepted. However, in March 2022, the Veteran notified the agency of original jurisdiction (AOJ) that he wished to withdraw his hearing request. Therefore, the Board will proceed with adjudication of the claim. The Board notes that as of the date of this decision, the Veteran is represented by the Veterans of Foreign Wars of the United States (VFW). There is a recent record of correspondence in the claims file dated in March 2022 suggesting that the Veteran may be interested in changing representatives. Because at this time, the Veteran has not formally revoked his representation agreement with VFW, the Board will proceed with VFW still recognized as the current representative. As noted below, the Board is remanding the Veteran's claims for additional evidentiary development. Should the Veteran wish to change representatives, he may do so by filing a new VA Form 21-22 or 21-22a. 1. Entitlement to service connection for a right knee disability is remanded. 2. Entitlement to service connection for a left knee disability is remanded. The Veteran asserts that his bilateral knee disabilities are due to knee injuries sustained while on active duty. His service treatment records indicate various complaints of bilateral knee pain and injury. See generally July 1978, February 1980, September 1983, and January 1984 Health Records. However, upon examination for separation in February 1984, his lower extremities were noted as normal. The Veteran underwent VA examination in February 2016, at which time he was diagnosed with bilateral knee osteoarthritis. The VA examiner opined that the Veteran's bilateral knee disabilities were less likely than not related to his in-service complaints of bilateral knee pain and injury. The examiner based this opinion largely on an observation that there was no evidence of chronicity since service, without adequately explaining why the Veteran's own report of history of knee pain both during, and since service did not support a showing of chronicity. Moreover, October 2018 VA MRI findings indicate that the Veteran was diagnosed with additional knee conditions following the February 2016 VA examination, including bilateral moderate degenerative arthrosis, bilateral complex tears of the medial and lateral menisci, and a chronic complete tear of the right ACL. Based upon these additional diagnoses, the Board finds that there exist open medical questions regarding etiology that should be addressed prior to the adjudication of the Veteran's claim. On remand, the Veteran should be scheduled for another VA examination to address the nature and etiology of his claimed bilateral knee disabilities. Finally, in January 2020, the Veteran identified additional relevant VA treatment records that have not yet been associated with the claims file. On remand, these records should be obtained. The matters are REMANDED for the following action: 1. Obtain the Veteran's VA treatment records for the period from November 2018 to the present, to include from the Portland VA Medical Center. 2. Schedule the Veteran for an appropriate VA examination to determine the nature and etiology of his claimed bilateral knee disabilities. The claims folder must be made available to and reviewed by the examiner. The examiner should take a history from the Veteran as to the progression of his claimed disability, and upon review of the file, interview and examination of the Veteran, the examiner should provide responses to the following, as appropriate: (a.) Please identify all current disabilities of the bilateral knees. Please consider that the Veteran has been previously assessed as having bilateral osteoarthritis, bilateral complex tears of the medial and lateral menisci, and a chronic complete tear of the right ACL. If current diagnoses differ from prior diagnoses, the examiner is asked to explain the change. (b.) For each disability identified, is it at least as likely as not (approximately 50 percent or greater probability) that such disability had onset in, or is otherwise related to the Veteran's active period of service, to specifically include the numerous reports of knee pain and injury in his service treatment records? In providing a response, the examiner should take care to consider the Veteran's own assertions that his knee pain started in service, and has not subsided. If there are medical reasons to confirm, or call into question the Veteran's reports of medical history, these should be explained. All opinions should be supported by a medical explanation or rationale. 3. After the above development, and any additionally indicated development, has been completed, readjudicate the issues on appeal. V. Chiappetta Veterans Law Judge Board of Veterans' Appeals Attorney for the Board L. Bristow Williams, 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.