Citation Nr: 21002619 Decision Date: 01/14/21 Archive Date: 01/14/21 DOCKET NO. 10-31 119 DATE: January 14, 2021 REMANDED Entitlement to a rating in excess of 30 percent prior to February 5, 2018, for a left knee manifested by tibia and fibula impairment, for a compensable rating for the period from February 5, 2018, to June 8, 2018, and for a rating in excess of 30 percent after June 8, 2018, is remanded. Entitlement to a compensable rating prior to February 5, 2018, for a left knee manifested by limitation of flexion, for a rating in excess of 30 percent for the period from February 5, 2018, to June 8, 2018, and for a compensable rating after June 8, 2018, is remanded. Entitlement to a compensable rating prior to February 5, 2018, for a left knee manifested by limitation of extension, for a rating in excess of 50 percent for the period from February 5, 2018, to June 8, 2018, and for a compensable rating after June 8, 2018, is remanded. Entitlement to a compensable rating prior to February 5, 2018, for a left knee manifested by instability, for a rating in excess of 30 percent for the period from February 5, 2018, to June 8, 2018, and for a compensable rating after June 8, 2018, is remanded. Entitlement to a rating in excess of 30 percent prior to February 5, 2018, for a right knee manifested by tibia and fibula impairment, for a compensable rating for the period from February 5, 2018, to June 8, 2018, and for a rating in excess of 30percent after June 8, 2018, is remanded. Entitlement to a compensable rating prior to February 5, 2018, for a right knee manifested by limitation of flexion, for a rating in excess of 30 percent for the period from February 5, 2018, to June 8, 2018, and for a compensable rating after June 8, 2018, is remanded. Entitlement to a compensable rating prior to February 5, 2018, for a right knee manifested by limitation of extension, for a rating in excess of 40 percent for the period from February 5, 2018, to June 8, 2018, and for a compensable rating after June 8, 2018, is remanded. Entitlement to a compensable rating prior to February 5, 2018, for a right knee manifested by instability, for a rating in excess of 30 percent for the period from February 5, 2018, to June 8, 2018, and for a compensable rating after June 8, 2018, is remanded. REASONS FOR REMAND The appellant is a Veteran who served on active duty from August 1979 to December 1979 and from October 1980 to November 1988. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a November 2007rating decision by the Chicago, Illinois, Regional Office (RO) of the Department of Veterans Affairs (VA). In September 2011, the Veteran testified at a personal hearing before the undersigned Veterans Law Judge. The transcript is of record. The issues remaining on appeal were most recently remanded for additional development in June 2020. The Board notes that subsequent to the issuance of a December 1, 2020, supplemental statement of the case additional pertinent medical evidence was added to the record. Specifically, a December 6, 2020, VA knee and lower leg conditions examination report and a medical opinion includes findings (e.g. range of motion testing, testing for instability, and strength testing) that are relevant to the issues on appeal. The examiner also provided a significant opinion pertaining to the overall level of severity of the Veteran’s bilateral knee disability over the course of the appeal period and findings made in earlier examination reports. As such, due process requires further VA action prior to appellate review. The matters are REMANDED for the following action: After any additionally indicated development has been completed readjudicate the issues on appeal, reconsider the issues on appeal based upon the evidence added to the record since the December 2020 supplemental statement of the case. If the benefits sought are not granted to the Veteran’s satisfaction, send the Veteran and his attorney a Supplemental Statement of the Case and provide an opportunity to respond. If necessary, return the case to the Board for further appellate review. MICHAEL A. HERMAN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. Douglas 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.