Citation Nr: 18153826
Decision Date: 11/29/18	Archive Date: 11/28/18

DOCKET NO. 16-58 377
DATE:	November 29, 2018
REMANDED
A compensable initial rating for limitation of flexion, right thigh, is remanded.
A compensable initial rating for limitation of flexion, left thigh, is remanded.
A compensable initial rating for impairment, right thigh, is remanded.
An initial rating greater than 10 percent for impairment, left thigh, is remanded.
A rating greater than 10 percent for degenerative joint disease (DJD) of the lumbosacral spine associated with residuals of fracture of left tibia with degenerative joint disease of the left knee is remanded.  
A rating greater than 10 percent for DJD of the right knee associated with residuals of fracture of left tibia with DJD of the left knee is remanded. 
A rating greater than 10 percent for DJD of the right hip associated with residuals of fracture of left tibia with DJD of the left knee is remanded.
A rating greater than 20 percent for residuals of fracture of the left femur with left hip DJD is remanded.
Increased ratings for left total knee joint replacement (previously rated as DJD of the left knee), currently evaluated as 10 percent disabling from October 13, 2014, to December 1, 2016, and as 30 percent disabling from February 1, 2018, to the present, is remanded.
REASONS FOR REMAND
During the pendency of this appeal, the Veteran was awarded a temporary total evaluation for his left knee disability from December 2, 2016, to January 31, 2018.  As this represents the maximum evaluation available and the Veteran has not expressed dissatisfaction with this rating as assigned, this period is not for the Board’s consideration at this time.  
Also during the pendency of this appeal and following the issuance of the November 2016 Statement of the Case (SOC), the Veteran submitted significant evidence in support of his claims, including extensive VA and private treatment records and a March 2017 VA knee examination.  However, this evidence has not yet been assessed by the Agency of Original Jurisdiction (AOJ) as it pertains to the pending appeal.  Thus, a remand is now warranted such that this evidence may be considered in a Supplemental Statement of the Case (SSOC). 
The matters are REMANDED for the following action:
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Readjudicate the issues on appeal.  If the benefits sought remain denied, issue an SSOC to the Veteran and his representative and provide an appropriate period for response.
 
EVAN DEICHERT
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	K. Kovarovic, Associate Counsel