Citation Nr: 18149735
Decision Date: 11/14/18	Archive Date: 11/13/18

DOCKET NO. 14-28 050
DATE:	November 14, 2018
REMANDED
A rating in excess of 10 percent for a right knee disability is remanded.
REASONS FOR REMAND
The appellant is a Veteran who served on active duty from August 1977 to May 1984.  This matter is before the Board of Veterans’ Appeals (Board) on appeal from a June 2012 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).  In September 2017, a videoconference hearing was held before the undersigned; a transcript is in the record. In December 2017, the Board remanded this matter for additional development.
A rating in excess of 10 percent for a right knee disability is remanded.
The Board is unable to fully adjudicate this issue because the evidence of record indicates there are outstanding relevant private treatment records.  In a September 2018 statement, the Veteran reported that he is seeing a private doctor for his right knee.  He requested an extension to submit such records but, to date, has not done so.  His private provider is yet unidentified.  However, as private treatment records are likely to contain pertinent information related to his increased rating claim, they should be obtained.  
The Board notes that the evidence currently of record does not appear to support an increase.  Therefore, the Board STRONGLY ENCOURAGES the Veteran to identify and/or personally submit any private treatment records that support his claim for an increased rating.
The matter is REMANDED for the following action:
1. The AOJ should ask the Veteran to identify the providers of all evaluations or treatment he received for his right knee disability and to provide authorizations for VA to obtain the complete records of any such private evaluations or treatment; the AOJ should then obtain such identified records.  If any private records are not received pursuant to the AOJ’s request, the Veteran should be so notified and advised that ultimately it is his responsibility to ensure that private records are received.
2. The AOJ should obtain for the record complete clinical records of all VA evaluations and treatment the Veteran has received for his right knee disability (i.e., update to the present all records of VA evaluations and treatment from all VAMCs).
 
VICTORIA MOSHIASHWILI
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	T. Matta, Counsel