Citation Nr: 0814905 Decision Date: 05/06/08 Archive Date: 05/12/08 DOCKET NO. 05-32 734 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in San Juan, the Commonwealth of Puerto Rico THE ISSUES 1. Entitlement to service connection for a right knee disorder, to include as secondary to a service-connected left knee disorder. 2. Entitlement to service connection for a low back disorder, to include as secondary to a service-connected left knee disorder. 3. Entitlement to a rating in excess of 10 percent for service-connected status post left knee arthroscopy, prior to January 24, 2007. 4. Entitlement to a rating in excess of 30 percent for service-connected status post left knee arthroscopy, from May 1, 2008. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Michael J. Skaltsounis, Counsel INTRODUCTION The veteran had active duty for training with the Army National Guard from January 23, 1995 to April 14, 1995, and from April 29, 1995 to May 15, 1995, and additional periods of active duty for training and inactive duty for training between December 1994 and December 2002. This matter comes before the Board of Veterans' Appeals (Board) on appeal from January 2003 and March 2005 rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO) in San Juan, the Commonwealth of Puerto Rico. In January 2003, the RO denied entitlement to an increased (compensable) rating for service-connected status post left knee arthroscopy. In his substantive appeal received in July 2003, he stated that his left knee disorder "should at least warrant a 10%." In an October 2003 rating decision, the RO assigned an increased rating of 10 percent, effective from November 14, 2002, the date of the veteran's claim. A supplemental statement of the case was also issued in October 2003. The use of the phrase "at least" in the veteran's substantive appeal indicates that he was requesting the assignment of a 10 percent rating or higher, and did not intend to limit the appeal to a 10 percent rating. See AB v. Brown, 6 Vet. App. 35 (1993). In light of this, the Board has jurisdiction of the matter. In March 2007, the veteran was awarded a 100 percent rating under 38 C.F.R. § 4.30 for his left knee disorder, effective from January 24, 2007. A 10 percent rating was assigned from May 1, 2007, forward. In a June 2007 rating decision, the veteran was awarded a 100 percent rating effective from May 1, 2007, based upon a diagnosis of status post left knee replacement. An evaluation of 30 percent was assigned from May 1, 2008. The Board sent the veteran a letter, dated March 28, 2008, requesting, in part, that he clarify whether he intended to pursue his claim for an increased rating for his service-connected left knee disorder. In their April 2008 response to this letter, the veteran and his representative were silent as to this matter, and the Board therefore finds that it continues to be a subject over which it has current jurisdiction. Consequently, it has added the issues of entitlement to a rating in excess of 10 percent for service-connected status post left knee arthroscopy, prior to January 24, 2007, and to a rating in excess of 30 percent, from May 1, 2008, to the veteran's current appeal. REMAND In its letter dated March 28, 2008, the Board also sought to clarify whether the veteran wanted to attend a hearing before the Board in this case. Thereafter, in a written statement signed by the veteran and received by the Board in April 2008, he communicated his desire to attend a video-conference hearing before a Veterans Law Judge at his local RO. This request was also confirmed in a letter from the veteran's service representative, dated in April 2008. Consequently, the Board finds that it has no alternative but to remand this case so that the veteran can be afforded his requested hearing. Accordingly, the case is REMANDED for the following action: Arrangements should be made in order to provide the veteran with a video- conference hearing before a member of the Board at 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). _________________________________________________ P.M. DILORENZO 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).