Citation Nr: 21063214 Decision Date: 10/13/21 Archive Date: 10/13/21 DOCKET NO. 17-11 905 DATE: October 13, 2021 REMANDED Entitlement to a disability rating in excess of 10 percent for patellofemoral syndrome, right knee, from August 26, 2014 to May 27, 2016, and from August 1, 2016 to the present, is remanded. Entitlement to a disability rating in excess of 10 percent for patellofemoral syndrome, left knee, from August 26, 2014 to the present, is remanded. REASONS FOR REMAND The Veteran served on active duty from April 1967 to March 1969. These matters initially came before the Board of Veterans' Appeals (Board) on appeal from an April 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In that decision, the RO granted service connection for patellofemoral syndrome, right knee, and patellofemoral syndrome, left knee, each with separate 10 percent evaluations effective August 26, 2014. In a May 2017 rating decision, the RO granted a temporary evaluation of 100 percent for the Veteran's service-connected right knee disability based on surgical or other treatment necessitating convalescence. An evaluation of 10 percent was assigned from August 1, 2016. The Board remanded the claims in January 2019 for (1) any outstanding treatment records, (2) a new VA examination in consideration of flare ups as per the holding in Sharp v. Shulkin, 29 Vet. App. 26 (2017) and which also provided range of motion results on active and passive motion and upon weight-bearing and non-weight-bearing positions as required by Correia v. McDonald, 28 Vet. App. 158 (2016), and (3) for readjudication of the claims on appeal. Subsequent to the January 2019 Board remand, treatment records were associated with the record, a new VA examination was provided in December 2019, and the RO issued a Supplemental Statement of the Case (SSOC) in May 2020. 1. Entitlement to a disability rating in excess of 10 percent for patellofemoral syndrome, right knee, from August 26, 2014 to May 27, 2016, and from August 1, 2016 to the present, is remanded. 2. Entitlement to a disability rating in excess of 10 percent for patellofemoral syndrome, left knee, from August 26, 2014 to the present, is remanded. In an August 2021 letter, the Board notified the Veteran that additional evidence relevant to his appeal had been associated with the claims file since the last adjudication by the Agency of Original Jurisdiction (AOJ) in the May 2020 SSOC. The new evidence includes a June 2015 X-Ray report. An appellant has the right to submit additional evidence and argument on the matters the Board has remanded in legacy cases. Andrews v. McDonough, 34 Vet. App. 151 (2021) (citing Kutscherousky v. West, 12 Vet. App. 369 (1999). The Veteran was advised that he had the right to request that the AOJ review the additional evidence. The Veteran replied in September 2021 that he chose to have his case remanded back to the AOJ for review of the additional evidence submitted in his appeal. Therefore, the case is remanded. The matters are REMANDED for the following action: Review the additional evidence received since the May 2020 SSOC. If the benefits sought are not granted in full, the Veteran and his attorney should be furnished a new SSOC reflecting consideration of the additional evidence and be afforded a reasonable opportunity to respond before the record is returned to the Board for further review. Jonathan Hager Veterans Law Judge Board of Veterans' Appeals Attorney for the Board B. Kuczynski, 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.