Citation Nr: 18150670
Decision Date: 11/15/18	Archive Date: 11/15/18

DOCKET NO. 14-36 757
DATE:	November 15, 2018
REMANDED
Entitlement to a rating in excess of 10 percent for right knee instability associated with degenerative joint disease (DJD) prior to January 4, 2017, and in excess of 20 percent thereafter, is remanded.
Entitlement to a rating in excess of 10 percent for right knee DJD status postoperative (s/p) anterior cruciate ligament (ACL) repair based on limitation of flexion is remanded.
Entitlement to a rating in excess of 30 percent for limitation of extension of the right knee is remanded. 
REASONS FOR REMAND
The Veteran served on active duty from July 1985 to June 1992.
These matters come before the Board of Veterans’ Appeals (Board) from a December 2012 rating decision of the Department of Veterans Affairs (VA) Regional Office.  A separate rating for limitation of extension of the right knee was awarded during the course of the appeal and is considered part of the underlying claim that the right knee disability worsened.  Thus, this issue has been listed on the title page and will be considered as part of this appeal.    
Appellants are entitled to initial review by the Agency of Original Jurisdiction (AOJ) of evidence added to the file by VA, and waiver of such review may not be presumed.  See 38 U.S.C. § 7104; 38 C.F.R. § 20.1304.  Here, additional evidence has been added to the file by VA since the Statement of the Case was issued in October 2014.  Notably, VA treatment records were added to the file and the Veteran’s right knee was examined by VA in February 2017.  Upon review, however, it is clear that these matters have not been readjudicated by the AOJ in a Supplemental Statement of the Case (SSOC) since that time.  Therefore, the appeal must be remanded so that an SSOC may be issued that considers all evidence of record.  38 C.F.R. § 20.1304(c).
The matters are REMANDED for the following action:
Readjudicate the claims listed on the title page with consideration of all evidence of record.  The AOJ should also consider whether a separate rating for symptomatic removal of semilunar cartilage is warranted.  
 
Nathan Kroes
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Megan Shuster, Law Clerk