Citation Nr: 19167166
Decision Date: 08/29/19	Archive Date: 08/28/19

DOCKET NO. 17-59 178
DATE: August 29, 2019

REMANDED

Entitlement to a rating in excess of 10 percent for residuals of a right tibial plateau fracture with severe patellofemoral arthritis is remanded.

Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 1981 to August 1984.

In June 2019, a videoconference hearing was held before the undersigned Veterans Law Judge (VLJ). A transcript is of record.

1. Entitlement to a rating in excess of 10 percent for residuals of a right tibial plateau fracture with severe patellofemoral arthritis is remanded.

The Veteran’s claim requires additional development, as the current medical record before the Board is incomplete. During the June 2019 hearing, the Veteran reported undergoing VA medical treatment for his right knee condition approximately one month prior to the hearing. These records have not yet been obtained and associated with the claims folder. Accordingly, this matter must be remanded in order to obtain the outstanding treatment records before proceeding to adjudication.

2. Entitlement to a TDIU is remanded.

The Veteran’s claim for entitlement to a TDIU is inextricably intertwined with his claim for a rating in excess of 10 percent for a right knee condition. Accordingly, remand for this inextricably intertwined claim is also required.

The matters are REMANDED for the following actions:

1. Obtain and associate with the claims file any updated/outstanding VA treatment records that have not been previously associated with the claims file, particularly those from September 2017 to the present.

2. After the above records development has been completed, undertake any further development that may be indicated. Then, readjudicate the claim on appeal. If the claim remains denied, or less than the full benefit sought is granted, provide the Veteran and his representative with an appropriate supplemental statement of the case and the requisite time to respond. Then, if the claims file is otherwise in order, return the claims to the Board for further appellate review.

 

 

A. ISHIZAWAR

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Griffin, Associate Counsel

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.