Citation Nr: 20049385 Decision Date: 07/23/20 Archive Date: 07/23/20 DOCKET NO. 16-24 201 DATE: July 23, 2020 REMANDED Entitlement to an initial rating in excess of 70 percent for persistent depressive disorder prior to August 20, 2018 is remanded. Entitlement to an initial rating in excess of 40 percent for a lumbar spine disability is remanded. Entitlement to an initial rating in excess of 10 percent a right knee disability is remanded. Entitlement to an initial rating in excess of 10 percent a left knee disability is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from July 1975 to July 1995. These matters are before the Board of Veterans’ Appeals (Board) on appeal from an April 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). On August 23, 2017, the President signed into law the Veterans Appeals Improvement and Modernization Act, Pub. L. No. 115-55 (codified as amended in scattered sections of 38 U.S.C.), 131 Stat. 1105 (2017), also known as the Appeals Modernization Act (AMA). This law creates a new framework for Veterans dissatisfied with VA’s decision on their claim to seek review. In April 2018, the Veteran opted-in to VA’s test program, the Rapid Appeals Modernization Program (RAMP). However, in a July 2019 letter, the Veteran notified the Board that she preferred for her appeal to remain in the Legacy Appeals System. Accordingly, the Board will honor the Veteran’s wishes and review the appeal under the existing Legacy Appeals System. In July 2019, the Veteran testified before the undersigned Veterans Law Judge at a video conference hearing. A transcript of the hearing is of record. An October 2019 rating decision granted the Veteran a 100 percent disability rating for persistent depressive disorder effective August 20, 2018. A 100 percent rating represents a full grant of the benefit sought; therefore, the Board will only consider the issue of entitlement to an increased rating for persistent depressive disorder for the period prior to August 20, 2018. See AB v. Brown, 6 Vet. App. 35 (1993). 1. Entitlement to an initial rating in excess of 70 percent for persistent depressive disorder prior to August 20, 2018 is remanded. 2. Entitlement to an initial rating in excess of 40 percent for a lumbar spine disability is remanded. 3. Entitlement to an initial rating in excess of 10 percent a right knee disability is remanded. 4. Entitlement to an initial rating in excess of 10 percent a left knee disability is remanded. The record reflects that subsequent to the issuance of the March 2016 statement of the case (SOC), pertinent VA medical records were associated with the claims file. In June 2020, a letter was sent to the Veteran offering the option of waiving initial Agency of Original Jurisdiction (AOJ) consideration of this evidence pursuant to 38 C.F.R. § 20.1304(c). In July 2020, the Veteran declined to provide a waiver and requested a remand of the claims on appeal to the AOJ for review of the additional evidence. Accordingly, the Veteran’s appeal is remanded to the AOJ for readjudication and issuance of a supplemental statement of the case (SSOC). See 38 C.F.R. §§ 19.31, 19.37. The matters are REMANDED for the following action: Readjudicate the issues on appeal with consideration of all the evidence associated with the claims file since the issuance of the March 2016 SOC. If any benefit sought on appeal remains denied, issue an SSOC and allow the appropriate time for response. Then, return the case to the Board for further appellate review. LESLEY A. REIN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Melissa Barbee, 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.