Citation Nr: 22018549 Decision Date: 03/29/22 Archive Date: 03/29/22 DOCKET NO. 19-36 083A DATE: March 29, 2022 REMANDED Entitlement to service connection for a right knee condition is remanded. REASONS FOR REMAND The Veteran had active-duty service from October 1954 to October 1956. This matter comes before the Board of Veterans' Appeals (Board) from a July 2018 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). Entitlement to service connection for a right knee condition is remanded. The Veteran has not been afforded a VA examination assessing the nature and etiology of his claimed right knee condition. VA is obligated 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 (2006). The threshold for finding a link between current disability and service is low. McLendon, 20 Vet. App. at 83. The Veteran's reports of a continuity of symptomatology can satisfy the requirement for evidence that the claimed disability may be related to service. Id. The record contains only portions of the Veteran's service treatment records. Attempts to obtain his complete service records have been unsuccessful, as the records were destroyed in a fire. Where service records are destroyed or missing, VA has a heightened duty to assist a Veteran in developing his claim. O'Hare v. Derwinski, 1 Vet. App. 365 (1991). This duty includes a heightened obligation on the Board's part to explain its findings and conclusions, and carefully consider the benefit of the doubt rule. See Cromer v. Nicholson, 19 Vet. App. 215 (2005). Here, the evidence of record indicates that the Veteran currently is diagnosed with advanced degenerative changes of the right knee, with a history of an injury to the right knee over 30 years ago. See June 18, 2020 private treatment record. The Veteran has stated that his currently diagnosed right knee condition is related to an injury he suffered during service after having slipped and fell on a wet, greasy floor. See June 2018 Statement in Support of Claim. The Board finds the Veteran competent to report having experienced right knee pain since service, and finds his statements to be consistent, and therefore credible, as to having suffered a fall during service. As such, the Board finds that his claim meets the low threshold under McLendon to warrant obtaining a VA medical examination upon remand. The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination assessing the nature and etiology of the Veteran's claimed for right knee condition. Upon review of the pertinent evidence of record, to include this remand, any newly associated service treatment records, as well as indicated below, the VA examiner is requested to opine as to the following: Is it at least as likely as not that the Veteran's currently diagnosed right knee condition incurred during service, or is otherwise directly related to service, to include as due to his fall during service? The VA examiner's attention is directed to the evidence of record indicating that the Veteran has had chronic right knee pain since service. See VBMS, document titled "Medical Treatment Record - Non-Government Facility," receipt dated October 13, 2020; VBMS, document titled "NOD," receipt dated August 9, 2018. The examiner is asked to explain the reasons behind any opinions expressed and conclusions reached. The examiner is reminded that the term "as likely as not" does not mean "within the realm of medical possibility," but rather that the evidence of record is so evenly divided that, in the examiner's expert opinion, it is as medically sound to find in favor of the proposition as it is to find against it. Note that the lack of documented treatment in service, or a long period after, while probative, cannot serve as the sole basis for a negative finding. The Veteran's lay contentions must be considered and weighed in making the determination. Bethany L. Buck Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S.R. Fey, Associate 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.