Citation Nr: 21002655 Decision Date: 01/14/21 Archive Date: 01/14/21 DOCKET NO. 15-23 148 DATE: January 14, 2021 REMANDED Entitlement to service connection for a disability manifested by a chronic cough is remanded. Entitlement to an initial rating in excess of 10 percent for chronic right knee strain, status post arthroscopic medial plica and meniscus tear repair with limitation of motion is remanded. Entitlement to an initial rating in excess of 10 percent for chronic right knee strain, status post arthroscopic medial plica and meniscus tear repair with instability, to include consideration of whether a separate compensable rating for this disability is warranted prior to March 15, 2013, is remanded. REASONS FOR REMAND The Veteran, who is the appellant, served on active duty from October 1992 to March 1993 and from March 1994 to May 1997. Regarding the matter of the initial ratings assigned for the Veteran’s service-connected right knee disability, the Board notes that the appeal stems from a September 2011 rating decision that granted service connection for a chronic right knee strain, status post arthroscopic medial plica and meniscus tear, rated 10 percent, effective February 28, 2011 (date of claim). The Veteran disagreed with the initial rating assigned and, in an April 2013 rating decision and notification letter, he was awarded service connection for a chronic right knee strain, status post arthroscopic medial plica and meniscus tear with instability, rated 10 percent, effective March 15, 2013 (date of VA examination), while the 10 percent rating assigned for his chronic right knee strain, status post arthroscopic medial plica and meniscus tear with limitation of motion was continued. Although the Veteran did not file a notice of disagreement with the April 2013 rating, as the separate compensable rating for instability was awarded during the course of his appeal for a higher initial rating for his right knee (limitation of motion), the Board finds this issue is properly with its jurisdiction, to include consideration of whether a separate compensable rating for instability is warranted prior to March 15, 2013. Entitlement to service connection for a disability manifested by a chronic cough is remanded. Review of the Veteran’s service treatment records (STRs) shows that he was treated for cough symptoms on several occasions during his second period of active duty service. While he was afforded a VA respiratory examination in May 2011, the examiner was not asked to render an opinion regarding the etiology of any disability. The Board notes that VA outpatient treatment records show that the Veteran has been found to have a cough related to post-nasal drip. The Veteran’s STRs include references to allergic rhinitis while he was on active duty. Under these circumstances, the Board finds that additional development is warranted. McLendon v. Nicholson, 20 Vet. App. 79 (2006). Entitlement to increased initial ratings for chronic right knee strain is remanded. The Veteran contends that ratings in excess of 10 percent each for limitation of motion and other joint impairment of the right knee are warranted. It is noted that the Veteran’s representative requested additional knee examinations in 2018 and, while examinations were accomplished in 2018 and 2020, the Veteran has not been furnished a Supplemental Statement of the Case (SSOC). Under these circumstances, a remand is necessary to insure due process. 38 C.F.R. § 19.31. The matters are REMANDED for the following actions: 1. Schedule the Veteran for a VA examination for any chronic disability manifested by a cough. The examiner must review the claims file. If a diagnosis cannot be provided but the Veteran’s condition manifests in symptoms that cause functional impairment, then the examiner should consider them a “disability” for the purpose of providing the requested opinion(s) below. The examiner is asked to provide a response to the following: Does the Veteran have a chronic disability manifested by a cough that is at least as likely as not related to service, including symptoms noted in the Veteran’s STRs or to chronic allergic rhinitis. Provide a rationale to support the opinion(s). 2. Readjudicate the claims for increased initial ratings for the right knee disabilities on appeal by considering all the relevant evidence (to specifically include VA treatment records and VA examination reports) added to the claims file since the May 2015 Statement of the Case. A. ISHIZAWAR Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Joseph P. Gervasio 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.