Citation Nr: 18153324
Decision Date: 11/27/18	Archive Date: 11/27/18

DOCKET NO. 15-07 863
DATE:	November 27, 2018
REMANDED
The issue of entitlement to a rating in excess of 20 percent for service-connected internal derangement of the right knee, status post meniscectomy, is remanded.  
REASONS FOR REMAND
The Veteran served on active duty from March 1986 to November 1993.
This matter comes before the Board of Veterans’ Appeals (Board) from a March 2012 rating decision of the Department of Veterans Affairs (VA) Regional Office.
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(a); 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 February 2015.  Notably, VA treatment records were added to the file and the Veteran was afforded another VA examination of his knee.  Upon review, however, it is clear that the matter has 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).  On remand, the AOJ should also consider whether any separate ratings are warranted for the service-connected right knee disability.  See Lyles v. Shulkin, 29 Vet. App. 107 (2017).  
The matter is REMANDED for the following action:
Readjudicate the claim for a higher rating for the service-connected right knee disability, to include considering whether a separate rating or ratings are warranted for limitation of motion, instability, or other symptoms.  If the benefit sought remains denied, the Veteran should be provided an SSOC.  


 
Nathan Kroes
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Megan Shuster, Law Clerk