Citation Nr: 24002829 Decision Date: 01/18/24 Archive Date: 01/18/24 DOCKET NO. 21-00 054A DATE: January 18, 2024 REMANDED The issue of service connection for a right knee disorder is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Army from February 1969 to February 1971. This matter is before the Board of Veterans' Appeals (Board) on appeal from an October 2013 rating decision by the Department of Veterans Affairs (VA) agency of original jurisdiction (AOJ). The Board will remand the claim. 1. BACKGROUND FOR THE DECISION REVIEW OPERATIONS CENTER (DROC) ADJUDICATOR: The AOJ issued an October 2013 rating decision. The Veteran filed a February 2014 Notice of Disagreement. The AOJ did not file a Statement of the Case (SOC) and the Veteran was therefore not given an opportunity to respond to a SOC. Remand is necessary under Manlincon v. West, 12 Vet. App. 238, 240 (1999). In addition, this is a remand under VA's duty to assist the claimant in obtaining evidence under 38 C.F.R. § 3.159 (c)(1). In the February 2014 Notice of Disagreement, the Veteran stated that he had non-VA medical treatment at Chalmers P. Wylle Medical Center in Columbus, Ohio and with a Dr. Seasons, and had an x-ray and MRI which indicated a meniscal tear. Outstanding private treatment records have not been obtained and associated with the Veteran's file. THE REMAND DIRECTIVES FOLLOW. 2. Make reasonable efforts to obtain all the Veteran's non-VA treatment records. The DROC must send the Veteran a letter requesting his cooperation in providing VA with the names and addresses of all non-VA medical providers who examined or treated him for his right knee condition and all medical facilities where he was examined or treated for this condition. An authorization for release of all available records (VA Form 21-4142) must be provided to the Veteran for each provider and medical facility identified by the Veteran. The Veteran should be advised that he may submit to VA the Chalmers P. Wylle Medical Center and Dr. Seasons records and any other documents supporting his claim. The Veteran is advised that he must cooperate with VA in the development of this claim. A Veteran seeking VA benefits has the responsibility to present and support a claim for benefits under laws administered by the VA, 38 U.S.C. § 5107(a). While VA has a duty to assist the Veteran in substantiating his claim, that duty is not a one-way street. Woods v. Gober, 14 Vet. App. 214, 224 (2000); see also Hurd v. West, 13 Vet. App. 449, 452 (2000) (The Veteran cannot passively wait for help from VA). 3. After undertaking any additional development deemed necessary, readjudicate the issue of service connection for a right knee condition. If the determination is a denial of the Veteran's claim, furnish the Veteran with a SOC so that the Veteran can be given an opportunity to respond and timely perfect his appeal by filing a VA Form 9 substantive appeal. The Veteran is advised that he has the right to submit additional evidence and argument with respect to this matter. Kutscherousky v. West, 12 Vet. App. 369 (1999). This appeal must be afforded prompt treatment. Vito A. Clementi Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Lawrence Hubert The Board's action is binding only in this case. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.