Citation Nr: 21000990
Decision Date: 01/06/21	Archive Date: 01/06/21

DOCKET NO. 17-33 344
DATE: January 6, 2021

REMANDED

Entitlement to a compensable rating for limitation of extension of the left knee for the period from March 1, 2016 to July 29, 2020 is remanded. 

Entitlement to a rating in excess of 10 percent for limitation of flexion of the left knee, prior to July 3, 2019 and from October 1, 2019 to July 28, 2020 is remanded. 

REASONS FOR REMAND

The Veteran served on active duty from September 1979 to September 1982. 

This matter is before the Board of Veterans’ Appeals (Board) on appeal from a December 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). 

A Board hearing was held before the undersigned in February 2020. A transcript of the hearing is of record.

This matter was previously before the Board in April 2020 when it was remanded for further development. 

 

1. Entitlement to a compensable rating for limitation of extension of the left knee for the period from March 1, 2016 is remanded.

2. Entitlement to a rating in excess of 10 percent for limitation of flexion of the left knee prior to July 3, 2019 and from October 1, 2019 to July 28, 2020 is remanded.

Although the additional delay is regrettable, the Board finds an additional remand is required before a decision can be made regarding the Veteran’s claim. 

The Board finds there may be outstanding records pertinent to the Veteran’s claim. In May 2019, the Veteran submitted VA Form 21-4142 authorizing VA to obtain records from Texas Health Surgery Center. A June 2019 Report of General Information, however, reflects that there were no records of treatment for the Veteran at that time because he was not scheduled to be seen until July 2019. The record does not reflect that any follow up was completed to obtain the records. As the records may be pertinent to the Veteran’s claim, another attempt should be made to obtain the records. Additionally, in August 2020, the Veteran submitted another VA Form 21-4142 authorizing VA to obtain records from Greater Dallas Orthopedics from March 2019 to August 2020. In September 2020, VA closed the request, noting that a fee was required to obtain the records. A September 2020 Report of General Information reflects that the Veteran reported that he would provide the records from Greater Dallas Orthopedics by October 2020 but reported a concern about mail delays. To date, the records have not been provided. As these records may contain information pertinent to the Veteran’s claim, another attempt should be made to obtain them on remand. 

The matters are REMANDED for the following action:

1. Ask the Veteran to complete a VA Form 21-4142 to allow VA to obtain records from Texas Health Surgery Center for treatment beginning in July 2019. Make two requests for any authorized records, unless it is clear after the first request that a second request would be futile.

2. Contact the Veteran and afford him the opportunity to submit any additional records of treatment from Greater Dallas Orthopedics. 

 

 

M. SORISIO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S. Jiggetts

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.