Citation Nr: 18149932
Decision Date: 11/14/18	Archive Date: 11/14/18

DOCKET NO. 10-00 804
DATE:	November 14, 2018
REMANDED
Entitlement to an increased evaluation for status post left knee arthroscopy and reconstruction, evaluated as 30 percent disabling prior to November 7, 2016 and  60 percent thereafter, is remanded. 
REASONS FOR REMAND
The Veteran had active military service from September 1983 to July 1985.
This matter comes before the Board of Veterans’ Appeals (Board) on appeal of        a February 2009 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).
This matter was previously before the Board in February 2016, at which time the Board remanded the left knee issue, as well as other issues. In a June 2018 rating decision, the RO granted the right knee and back service connection claims, and granted a total disability rating based on individual unemployability effective    from the date the Veteran last worked; thus, those issues are no longer before the Board. See generally Grantham v. Brown, 114 F.3d 1156, 1158-59 (Fed. Cir. 1997). Additionally, that rating decision remanded the claims for service connection for a heart condition and right hip condition to issue a statement of the case (SOC). The SOC was mailed to the Veteran in May 2016. However, the Veteran did not perfect the appeal by filing a timely substantive appeal. Accordingly, those issues are not before the Board. 38 C.F.R. §§ 20.200, 20.302. 
As a final matter, the Board notes that the Veteran has filed a notice of disagreement (NOD) with the June 2018 rating decision with respect to the evaluations assigned for the right knee and low back disabilities, and the effective date assigned to TDIU. This appeal is listed in the VACOLS appeals tracking system as an active appeal at the RO. While the Board is cognizant of the Court’s decision in Manlincon v. West, 12 Vet. App. 238 (1999), the Board notes that in this case, unlike in Manlincon, the RO has acknowledged the NOD and is in the process of adjudicating the appeal. As such, no action will be taken by the Board now and the appeals presently before the RO pertaining to increased initial ratings will be the subject of a later Board decision, if ultimately necessary.
1. Entitlement to an increased rating for left knee disability, status post left knee arthroscopy and reconstruction, evaluated as 30 percent disabling prior to November 7, 2016 and 60 percent thereafter is remanded. 
The June 2018 rating decision granted an increased rating for the Veteran’s left knee disability from 30 to 60 percent effective November 7, 2016.  Although the RO indicated the increased rating constituted a total grant of the benefit sought on appeal, the Board notes the claim for an increased rating had been pending prior    to November 7, 2016.  Accordingly, the appeal remains pending. However, a supplemental statement of the case (SSOC) has not been issued. Therefore,  remand is required. 38 C.F.R. § 19.31.
The matter is REMANDED for the following action:
Provide the Veteran and his representative with an SSOC on the issue of entitlement to an increased rating for status post left knee arthroscopy and 

reconstruction that considers the evidence received since the last SSOC was issued in August 2015. 

 
K. A. BANFIELD
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Rachel Mamis