Citation Nr: 21001941
Decision Date: 01/12/21	Archive Date: 01/12/21

DOCKET NO. 11-30 027
DATE: January 12, 2021

REMANDED

Entitlement to a higher rating for left knee disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from July 1982 to December 1983.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a December 2009 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO) in Baltimore, Maryland. 

In November 2016, the Veteran testified at a hearing before the undersigned Veterans Law Judge.  A transcript of the hearing is associated with the claims file. 

An October 2019 Board decision denied the claim for a higher rating for left knee disability.  The Veteran appealed the decision to the U.S. Court of Appeals for Veterans Claims (CAVC).  In July 2020, the Court granted a Joint Motion for Remand (JMR) of the October 2019 decision.

 

Entitlement to a higher rating for left knee disability is remanded.

The JMR found that the Board relied on an inadequate examination based on ROM findings. Although cognizant that the decision on review found ankylosis of the date of the examination, the holding of the JMR is the law of this case and on this basis the Board remands for a new examination. 

The matter is REMANDED for the following action:

1. Update VA treatment records.

2. Thereafter, schedule the Veteran for a VA examination with an appropriate clinician to determine the current severity of the left knee disability.  

 

Nathaniel J. Doan

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.