Citation Nr: 20004060
Decision Date: 01/16/20	Archive Date: 01/16/20

DOCKET NO. 11-05 651A
DATE: January 16, 2020

REMANDED

Entitlement to a rating in excess of 10 percent of chondromalacia patella and patellar tendonitis, left knee, with arthritic changes is remanded.

Entitlement to a rating in excess of 10 percent for chondromalacia patella and patellar tendonitis, right knee is remanded.

REASONS FOR REMAND

The Veteran served on active duty from May 1972 to May 1979.

This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a September 2008 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

In February 2017, the Board remanded this case for a Travel Board hearing. The Veteran testified at a Travel Board hearing before the undersigned Veterans Law Judge in July 2017. A transcript of the hearing is associated with the claims file.

The Board denied the Veteran’s request for an increased rating regarding his service-connected bilateral knee disability in a January 2018 decision. The Veteran appealed that decision to the U.S. Court of Appeals for Veterans Claims (Court).

In a January 2019 Order, the Court vacated the January 2018 Board decision, and remanded the matter to the Board for action consistent with the terms of a Joint Motion for Remand (JMR) of the Veteran and the Secretary of Veterans Affairs (the Parties).

Since the JMR, VA notified the Veteran in an October 2019 correspondence that additional evidence had been received regarding his claim. This evidence included VA treatment records and examinations. The Veteran did not waive AOJ consideration of this evidence, but specified that he wished to have the case remanded so that the AOJ could consider the evidence in the first instance in a November 2019 Additional Evidence Response Form. As such, a remand is warranted in order to allow the AOJ to review this evidence and issue a SSOC.

1. Entitlement to a rating in excess of 10 percent for a left knee disability is remanded.

2. Entitlement to a rating in excess of 10 percent for a right knee disability is remanded.

The matters are REMANDED for the following action:

(Continued on the next page)

 

1. Readjudicate the remanded claims. If the benefits sought on appeal are not granted, the Veteran and his representative should be provided a supplemental statement of the case and an appropriate time period for response. The case should then be returned to the Board for further consideration, if otherwise in order.

 

 

JAMES G. REINHART

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Katie Poe, 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.