Citation Nr: 21000251
Decision Date: 01/04/21	Archive Date: 01/04/21

DOCKET NO. 16-12 106
DATE: January 4, 2021

REMANDED

The issue of a rating in excess of 10 percent for residuals, right knee limitation of extension, degenerative joint disease, and osteochondral fracture, is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the Navy from December 1962 to September 1964. This matter comes before the Board of Veterans’ Appeals (Board) from a June 2014 rating decision.

In December 2019, the agency of original jurisdiction (AOJ) received a new VA examination regarding the Veteran’s bilateral knees, which was not previously considered in the August 2019 supplemental statement of the case (SSOC). In November 2020, the Board notified the Veteran that this evidence had not been previously considered by the AOJ and that he had a right to an initial review of the evidence by the AOJ prior to the Board issuing a decision on this matter. 38 C.F.R. §§ 19.31, 19.37. As of the date of this decision, the Veteran has not responded to the November 2020 correspondence regarding the matter of AOJ initial consideration. Accordingly, a remand is warranted at this time.

The matters are REMANDED for the following action:

1. The AOJ should undertake any additional action it deems necessary in order to properly adjudicate the claim.  

2. If the benefits sought on appeal should remain denied, issue the Veteran a supplemental statement of the case (SSOC) and afford adequate time to respond before returning the matter to the Board for further appellate review.

 

 

JAMES L. MARCH

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Page-Nelson, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.