Citation Nr: 20003582
Decision Date: 01/16/20	Archive Date: 01/15/20

DOCKET NO. 19-37 264
DATE: January 16, 2020

REMANDED

An evaluation higher than 30 percent disabling for status-post arthroplasty of the right knee (previously rated as degenerative changes of the right knee) from October 1, 2017 forward is remanded.

REASONS FOR REMAND

The Veteran had active service from November 1960 to November 1980.

This case comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2017 rating decision that awarded a 100 percent disability rating for status-post arthroplasty of the right knee (previously rated as degenerative changes of the right knee) effective from August 15, 2016, and a 30 percent rating effective from October 1, 2017.  The Veteran was also awarded a total disability rating based upon individual unemployability (TDIU), effective from October 1, 2017.

Following expiration of the 100 percent rating assigned for the Veteran’s right knee arthroplasty under Diagnostic Code 5055, he has not been afforded a VA examination of his right knee.  This must be accomplished on remand.  His updated VA and private treatment records should also be obtained.

The matters are REMANDED for the following action:

1. Obtain any updated VA treatment records.

2. Obtain any updated private treatment records concerning the Veteran’s right knee, to include from Fowler Sports Medicine and Orthopaedics and from DCH Regional Medical Center.

3. Schedule the Veteran for an appropriate VA examination to assess the nature and current level of severity of his service-connected right knee disability.  The Veteran’s claims file, including a copy of this REMAND, must be made available to and reviewed by the examiner in conjunction with the examination.  The examiner must note in the examination report that the evidence in the claims file has been reviewed.

 

 

P. M. DILORENZO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Buck Denton

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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.