Citation Nr: 20004852
Decision Date: 01/23/20	Archive Date: 01/21/20

DOCKET NO. 14-37 747
DATE: January 23, 2020

REMANDED

Entitlement to a rating in excess of 20 percent for a left knee disability, evaluated as status post excision of tibial tubercous ossicle, is remanded.

Entitlement to a rating in excess of 20 percent for a right knee disability, evaluated as status post excision of tibial tubercous ossicle, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from December 1981 to March 1991.  

This matter is before the Board of Veterans’ Appeals (Board) on appeal of a May 2012 rating decision of a Regional Office (RO) of the Department of Veterans Affairs (VA).  These claims were previously remanded by the Board in August 2018.

1. Entitlement to a rating in excess of 20 percent for a left knee disability, evaluated as status post excision of tibial tubercous ossicle,  is remanded.

2. Entitlement to a rating in excess of 20 percent for a right knee disability, evaluated as status post excision of tibial tubercous ossicle, is remanded.

The Veteran sought increased ratings for his knee disabilities in May 2012.  May 2013 VA treatment records show the Veteran was seen by his primary care provider for follow up treatment.  This indicates the Veteran received care at VA treatment facilities prior to May 2013.  However, there are no earlier VA medical records associated with the file.  While the Board regrets the additional delay, VA’s duty to assist requires efforts to ensure all available VA treatment records have been obtained and associated with the Veteran’s claims file.  See 38 U.S.C. § 5103A; 38 C.F.R. § 3.159(c); see also Sullivan v. McDonald, 815 F.3d 786 (Fed. Cir. 2016).

The Board also notes, the Veteran submitted records of private medical treatment of his knees prior to the period on appeal.  It is not clear whether the Veteran received private medical treatment for his knees over the appeal period.  If relevant private treatment records are available, VA must assist the Veteran in obtaining them.  Id.  

The matters are REMANDED for the following action:

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1. Obtain all the Veteran’s outstanding VA treatment records, particularly those earlier than May 2013, and associate them with the claims file. 

2. Ask the Veteran to complete a VA Form 21-4142 for any private treatment provider who may have records relevant to his current claims.  Make two requests for the authorized records from any provider identified, unless it is clear after the first request that a second request would be futile.  Provide translations of documents as needed.

 

 

M. HYLAND

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Jeanne Celtnieks

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.