Citation Nr: 18128167
Decision Date: 08/21/18	Archive Date: 08/21/18

DOCKET NO. 13-22 889
DATE:	August 21, 2018
REMANDED
Entitlement to a rating in excess of 10 percent for residuals of medial meniscal repair and post traumatic degenerative arthritis of the right knee (right knee disability) is remanded.
REASONS FOR REMAND
The Veteran served on active duty from October 1985 to June 1989.
This matter is before the Board of Veterans’ Appeals (Board) on appeal of a December 2010 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).
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 Supplemental Statement of the Case was issued in May 2017.  Notably, in July 2018, the Veteran was provided a VA knee examination.  While the examination focused on the left knee, the VA examiner tested and reported findings related to the right knee.  The RO also added additional treatment records from the VA Medical Center.  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).
The matter is REMANDED for the following action:
Readjudicate the claim for a higher rating for the right knee disability.  If any benefit sought on appeal remains denied, the Veteran and his representative should be furnished a supplemental statement of the case and be given the opportunity to respond thereto

 
Nathan Kroes
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Russell P. Veldenz, Counsel