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

Citation Nr: A26069967 Decision Date: 07/30/26 Archive Date: 07/30/26 DOCKET NO. 260424-671006 DATE: July 30, 2026 REMANDED Entitlement to service connection for a right knee disability is remanded. REASONS FOR REMAND The Veteran served honorably on active duty from September 1981 to May 1986. This matter comes to the Board of Veterans' Appeals (Board) on appeal from an April 2025 rating decision issued by the Department of Veterans Affairs (VA) regional office. In the April 2026 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Direct Review docket. Therefore, the Board may only consider the evidence of record at the time of the April 2025 agency of original jurisdiction (AOJ) decision on appeal. 38 C.F.R. § 20.301. Any evidence submitted after the AOJ decision on appeal cannot be considered by the Board. 38 C.F.R. §§ 20.300, 20.301, 20.801. However, because the Board is remanding the claim, any evidence the Board could not consider will be considered by the AOJ in the adjudication of those claims. 38 C.F.R. § 3.103(c)(2)(ii). The AOJ had previously deferred the claim in a March 2024 rating decision and denied it in May 2024. The Veteran requested a Higher-Level Review. The AOJ identified a duty to assist error during the Higher-Level Review and subsequently conducted a special review in April 2025. This appeal follows. Entitlement to service connection for a right knee disability is remanded. The Veteran contends he suffers from a right knee disability that began in service; the AOJ conceded in-service knee pain pursuant to 38 C.F.R. § 3.104(a). See April 2025 rating decision ("Service treatment record dated February 1984 shows complained of painful knees."). The Veteran has been afforded two VA examinations and opinions. Most recently, a VA examiner opined "Veteran has claimed fibrosis of right knee joint with quad tendon rupture as being directly related to military service. Based on review of the available evidence, it is less likely than not that the claimed condition is due to service as there is a lack of substantiating evidence supporting a nexus between the current diagnosis of mild tricompartmental osteoarthrosis and military service. Without chronicity during service or after service, a post-service event, illness, or injury is considered to be a more likely etiology." This opinion represents a pre-decisional duty to assist error. 38 C.F.R. § 3.159(c)(4); Buchanan v. Nicholson, 451 F.3d 1331, 1336 (Fed. Cir. 2006) (finding medical opinions inadequate due to the examiner's reliance solely on the absence of objective documentation without consideration of a claimant's lay statements). Remand is required. 38 C.F.R. § 20.802. On remand, the examiner must consider the Veteran's in service knee pain and his lay statements. Furthermore, the Veteran identified relevant outstanding private treatment records. See March 2024 VA examination ("Veteran reports he was transported to Baptist" for right knee treatment.). The Veteran's other private medical records reference outstanding records of Dr. M.W.M. of Baptist Heath. See Private treatment records at 15 and 2/7. Remand is required to allow VA to obtain authorization and request these records. 38 C.F.R. §§ 3.159(c)(1); 20.802. The matter is REMANDED for the following action: 1. Ask the Veteran to complete a VA Form 21-4142 for Dr. M.W.M of Baptist Health for right knee surgery in September 2017. Make two requests for the authorized records from, unless it is clear after the first request that a second request would be futile. 2. Arrange for a VA medical opinion, with examination or telehealth interview of the Veteran only if deemed necessary by a medical professional, to determine the nature and likely cause of any right knee disability. The examiner should review the claim file (including this remand) and note such review was conducted. Based on review of the record, the examiner should provide an opinion with detailed rationale that responds to the following: (a.) Please identify, by diagnosis, all right knee disabilities present. (b.) For each right knee disability diagnosed, was such disability either incurred in or otherwise related to the Veteran's military service? Please explain why. The examiner must consider the Veteran's in service knee complaints from February 1984. KRISTI L. GUNN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Devin White 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.