Citation Nr: 18150785
Decision Date: 11/15/18	Archive Date: 11/15/18

DOCKET NO. 16-47 558
DATE:	November 15, 2018
REMANDED
Entitlement to an initial disability rating in excess of 10 percent for service-connected right knee meniscectomy is remanded.
REASONS FOR REMAND
The Veteran served on active duty from August 1985 to August 2005, and from December 2005 to January 2008. 
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2015 rating decision issued by a Regional Office (RO) of the United States Department of Veterans Affairs (VA). 
In August 2017, the Veteran filed a timely substantive appeal seeking an initial disability rating in excess of 70 percent for service-connected residuals of traumatic brain injury (TBI) with headaches.  In October 2017, the Veteran submitted a written statement withdrawing this claim -- “I am fully satisfied with the VA’s decision on my TBI at 70% and would like to cancel my form 9 appeal for the TBI.”  The October 2017 withdrawal notice satisfied the procedural requirements of 38 C.F.R § 20.204; therefore, this claim is no longer before the Board for appellate consideration.  														
In the September 2016 substantive appeal, the Veteran indicated that he underwent a total right knee replacement in July 2016, performed by Dr. MW, with follow-up physical therapy treatment.  These outstanding treatment records are highly pertinent to assessing the appropriate disability rating to be assigned to the Veteran’s service-connected right knee disability during the appellate period, and must be obtained by the RO prior to reaching the merits of the Veteran’s claim.  
The RO is also instructed to contact the Veteran to determine whether he has received any other relevant private or VA treatment within the appellate period.  If the Veteran identifies such treatment, appropriate attempts must be made to obtain these records for evidentiary review.  
Additionally, given the change in circumstances, the Board finds an additional VA examination is warranted to assess the current nature and severity of the Veteran’s service-connected right knee disability, two years status post total knee replacement.
The matter is REMANDED for the following action:
1. Contact the Veteran and request that he identify all private medical providers who have treated his right knee disability within the appellate period, to include his unidentified physical therapist.  Ask the Veteran to complete a VA Form 21-4142 for Dr. MW who performed the knee replacement and all other private medical providers that he identifies.  Make two requests for the authorized records from these medical providers unless it is clear after the first request that a second request would be futile.  
2. Contact the Veteran and determine whether he has undergone VA treatment within the appellate period.  If so, obtain these VA treatment records and associate them with the electronic claims file. 
3. DO NOT proceed to the following directive until efforts to obtain all the evidence identified above have been exhausted. 
4. THEN, schedule the Veteran for an examination of the current severity of his service-connected right knee disability.  
 
MICHELLE L. KANE
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. Galante, Associate Counsel