Citation Nr: 18157378
Decision Date: 12/12/18	Archive Date: 12/12/18

DOCKET NO. 16-56 601
DATE:	December 12, 2018
REMANDED
Entitlement to a rating higher than 20 percent for degenerative joint disease (DJD) with patellar subluxation of the right knee is remanded.
REASONS FOR REMAND
This matter come before the Board of Veterans’ Appeals (Board) on appeal from a June 2015 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO), which denied the claim of entitlement to a rating in excess of 20 percent for right knee DJD with patellar subluxation and surgical repair of meniscal tear. 
Historically, a March 2010 rating decision granted service connection for right knee DJD with limitation of flexion (10% from October 1, 2009 - 38 C.F.R. § 4.71a, Diagnostic Code 5010-5260).  Subsequently, a September 2012 rating decision granted a separate rating for connection for right knee DJD with patellar subluxation (10% from August 31, 2011 - 38 C.F.R. § 4.71a, Diagnostic Code 5003-5258).  In April 2014, VA received a claim for increase for the right knee.  See VA 21-526EZ.  A July 2014 rating decision awarded a 20 percent rating for right knee DJD with patellar subluxation following a temporary total rating based on the need for convalescence (20% from August 1, 2014).  A June 2015 rating decision denied a rating in excess of 20 percent for right knee DJD with patellar subluxation.  This appeal arises from that decision.
It is noted that originating agency granted the Veteran’s claim for a total disability rating based on individual unemployability due to service connected disability in a June 2018 rating decision.  This represents full grant of the benefit sought in that matter.  See Grantham v. Brown, 114 F.3d 1156, 1158-59 (Fed. Cir. 1997).
As to the claim of entitlement to a rating higher than 20 percent for degenerative joint disease with patellar subluxation of the right knee, the Board finds remand is necessary.  The record reflects that additional pertinent evidence (Knee and Lower Leg Disability Benefits Questionnaire – February 13, 2018) was obtained by the originating agency after issuance of the most recent Statement of the Case (SOC) dated in November 2016.  Therefore, remand for issuance of a Supplemental SOC is required.  38 C.F.R. § 19.31.
The matter is REMANDED for the following action:
Send the Veteran and his representative a Supplemental SOC on the issue of entitlement to a rating higher than 20 percent for right knee degenerative joint disease with patellar subluxation.
 
 C.A. SKOW
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	C. E., Associate Counsel