Citation Nr: 20049964 Decision Date: 07/28/20 Archive Date: 07/28/20 DOCKET NO. 17-62 400 DATE: July 28, 2020 REMANDED Entitlement to a temporary total disability rating for a left knee injury requiring multiple surgeries, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from January 2007 to May 2007 and from June 2009 to April 2011. The Veteran testified during a videoconference hearing before the undersigned Veterans Law Judge (VLJ) in May 2020. A transcript of this hearing is contained within the claims file. Entitlement to a temporary total disability rating for a left knee injury requiring multiple surgeries, is remanded. In part, at the hearing held in May 2020, it was contended that the Veteran’s left knee impairment was such that it required a finding of convalescence or in the alternative a total rating as he was off work due to knee impairment. It is not clear that all these records are on file. Additionally, while it appears there was surgery in 2016, discussed in the March 2017 statement of the case, the record and the testimony reflect that additional surgery was needed, and this does not appear to have been considered or adjudicated by the originating agency. As noted, subsequent to the March 2017 Statement of the Case (SOC), additional VA medical records were added to the file that reflect treatment for the Veteran's left knee injuries and surgeries. This evidence was not all submitted by the Veteran, and he has not waived initial review of this evidence by the Agency of Original Jurisdiction (AOJ). Moreover, there is sufficient evidence that initial consideration should be undertaken by the AOJ to preserve due process rights. Therefore, the appeal must be remanded for review of this new evidence and the issuance of a Supplemental Statement of the Case (SSOC), if otherwise warranted. See 38 C.F.R. § 20.1304. The matter is REMANDED for the following action: Readjudicate the issue of entitlement to a temporary total disability rating for the Veteran’s left knee surgeries in 2016 and thereafter, to include consideration of the additional evidence obtained since the AOJ last adjudicated this claim in March 2017. If the benefit sought is not granted, the Veteran and his representative must be provided with an SSOC and afforded an opportunity to respond before the record is returned to the Board. MICHAEL D. LYON Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board L. Sneeringer, 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.