Citation Nr: 18147922
Decision Date: 11/06/18	Archive Date: 11/06/18

DOCKET NO. 18-32 286
DATE:	November 6, 2018
REMANDED
Entitlement to a disability rating in excess of 10 percent for chondromalacia patella of the right knee with partial, non-recurrent subluxation is remanded.
REASONS FOR REMAND
The Veteran served on active duty in the Army from September 1999 to January 2000, from February 2003 to August 2003, and from April 2010 to May 2011.  This matter is on appeal from a February 2016 rating decision.
1. Entitlement to a disability rating in excess of 10 percent for chondromalacia patella of the right knee with partial, non-recurrent subluxation is remanded.
In his June 2018 substantive appeal (VA Form 9), the Veteran checked the box for a Board hearing at a local VA office but wrote “DRO” next to it.  In an August 2018 motion for remand, the Veteran’s representative clarified that this was a request for a hearing before a Decision Review Officer.  The Veteran is entitled to a hearing at any time on any issue involved in a claim. See 38 C.F.R. § 3.103(c)(2017). Because the Veteran has not yet been afforded the Decision Review Officer hearing he has requested, a remand is necessary.  The Board finds that the Veteran has not requested a Board hearing.
The matter is REMANDED for the following action:
The Agency of Original Jurisdiction (AOJ) should schedule the Veteran for a hearing before a Decision Review Officer (DRO).  The parties should be notified in writing of the date, time, and location of the hearing.  After the hearing is conducted, or if the Veteran withdraws the hearing request or fails without good cause to report for the scheduled hearing, the claims file should be returned to the Board in accordance with appellate procedures.

 
D. Martz Ames
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Ryan Frank, Counsel