Citation Nr: 18142058
Decision Date: 10/12/18	Archive Date: 10/12/18

DOCKET NO. 15-06 977
DATE:	October 12, 2018
REMANDED
An increased rating for degenerative joint disease of the right knee, currently 10 percent, is remanded.
An increased rating for degenerative joint disease of the left knee, currently 10 percent, is remanded.
REASONS FOR REMAND
1. An increased rating for degenerative joint disease of the right knee, currently 10 percent, is remanded.
2. An increased rating for degenerative joint disease of the left knee, currently 10 percent, is remanded.
In August 2018, after the appeal had been certified to the Board, the Veteran filed a claim for a temporary total evaluation for convalescence under 38 C.F.R. § 4.30 for surgery related to the service-connected left knee disability.  He submitted private medical records showing that he underwent left total knee arthroplasty on July 25, 2018.  Additional VA medical records were associated with the claims file and he was afforded a VA examination for his knees in September 2018.
As the adjudication of the claim for a temporary total evaluation could affect the claim for an increased rating for the left knee disability, the Board finds that the claims are inextricably intertwined and a decision on the left knee claim at this time would be premature.  Harris v. Derwinski, 1 Vet. App. 180 (1991).  
With respect to both knee disabilities, remand is needed for the Agency of Original Jurisdiction to consider the evidence added to the claims file since the issuance of the January 2015 statement of the case.
The matters are REMANDED for the following actions:
1. Adjudicate the claim for a temporary total evaluation for convalescence under 38 C.F.R. § 4.30 for surgery related to the service-connected left knee disability.
2. Readjudicate the claims with consideration of all of the evidence added to the claims file since the issuance of the statement of the case.  If any decision remains adverse to the Veteran, issue a supplemental statement of the case and allow the appropriate time for response.  Then, return the case to the Board.
 
KELLI A. KORDICH
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	J. W. Kim, Counsel