Citation Nr: 1304965	
Decision Date: 02/11/13    Archive Date: 02/21/13

DOCKET NO.  07-04 851	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Columbia, South Carolina


THE ISSUES

1.  Entitlement to service connection for residuals of a right knee injury.

2.  Entitlement to service connection for residuals of a left knee injury.


REPRESENTATION

Appellant represented by:	The American Legion


WITNESS AT HEARINGS ON APPEAL

Veteran


ATTORNEY FOR THE BOARD

S. Coyle, Counsel


INTRODUCTION

The Veteran served on active duty from August 1977 to December 1977 and from February 1982 to February 1986.     

These matters are before the Board of Veterans' Appeals (Board) on appeal of a June 2006 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

Hearings were held before a Decision Review Officer in April 2007, and before the undersigned Veterans Law Judge in June 2008.  Copies of the hearing transcripts have been associated with the file.

In a September 2008 decision, the Board reopened the claims and remanded the claims o for further development.  The case was remanded again in January 2011.  The additional development has been completed.  Stegall v. West, 11 Vet. App. 268, 271 (1998).  

The appeal is REMANDED to the RO via the Appeals Management Center in Washington, DC. 


REMAND

In April 2012 in supplemental statement, there is reference to VA record from 2002 to 2012.  Since the latest VA records in the file are dated in 2009, further development under the duty to assist is needed.    

Accordingly, the case is REMANDED for the following action:

1.  Obtain VA records since November 2009.



2.  Ensure VA's duty to assist, including whether a VA medical opinion is needed to decide the claims, considering the additional VA and records of the Social Security Administration since the Veteran was last examined by VA in December 2008.   

After the development, adjudicate the claims.  If any benefit is denied, furnish the Veteran and his representative a supplemental statement of the case and return the case to the Board.

The Veteran has the right to submit additional evidence and argument on the matters the Board has remanded.  Kutscherousky v. West, 12 Vet. App. 369 (1999).

The claims must be afforded expeditious treatment.  The law requires that all claims that are remanded by the Board or by the United States Court of Appeals for Veterans Claims (Court) for additional development or other appropriate action must be handled in an expeditious manner.  See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2012).



_________________________________________________
George E. Guido Jr.
Veterans Law Judge, Board of Veterans' Appeals

Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board is appealable to the Court.  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) (2012).