Citation Nr: 0810942 Decision Date: 04/03/08 Archive Date: 04/14/08 DOCKET NO. 06-04 379 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Seattle, Washington THE ISSUES 1. Entitlement to an initial evaluation in excess of 10 percent for chondromalacia patella with patellofemoral pain syndrome of the right knee. 2. Entitlement to an initial evaluation in excess of 10 percent for chondromalacia patella with patellofemoral pain syndrome of the left knee. REPRESENTATION Appellant represented by: Oregon Department of Veterans' Affairs ATTORNEY FOR THE BOARD Kelli A. Kordich, Counsel INTRODUCTION The veteran had verified periods of active duty for training (ACDUTRA) in the Marine Corps Reserves from August 1991 to February 1992. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a January 2004 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Portland, Oregon, which granted service connection for chondromalacia patella with patellofemoral pain syndrome of the right and left knees and assigned a 10 percent disability evaluation for each knee effective April 30, 2001. The veteran's appeal is now under the jurisdiction of the Seattle, Washington RO. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the appellant if further action is required. REMAND Unfortunately, a remand is required in this case. Although the Board sincerely regrets the additional delay, it is necessary to ensure that there is a complete record upon which to decide the veteran's claim so that he is afforded every possible consideration. The Board notes that following the November 2007 supplemental statement of the case, the RO received additional medical evidence in December 2007 relevant for the veteran's claim for an increased evaluation for his bilateral knee disability. However, there is no indication that the RO has considered this evidence or issued a supplemental statement of the case. See 38 C.F.R. § 19.31(b)(1) (2007) (a supplemental statement of the case must be furnished when the agency of original jurisdiction receives additional pertinent evidence after it issues a statement of the case but before the appeal is certified and transferred to the Board). In order to protect the veteran's due process rights, a remand is required so that the RO may consider this evidence. Accordingly, the case is REMANDED for the following action: After completing any additional necessary development, the RO should readjudicate the issues on appeal, considering all evidence received or secured since the November 2007 supplemental statement of the case. If disposition of the issues remain unfavorable, the RO should furnish the veteran and his representative a supplemental statement of the case and afford the applicable opportunity to respond before the record is returned to the Board for further review. Thereafter, the case should be returned to the Board for further appellate review, if in order. By this remand, the Board intimates no opinion as to any final outcome warranted. No action is required of the appellant until he is notified by the RO. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2007). _________________________________________________ MARY GALLAGHER Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (2007).