Citation Nr: 21064378
Decision Date: 10/20/21	Archive Date: 10/20/21

DOCKET NO. 16-51 517
		DATE: October 20, 2021

REMAND

Entitlement to a rating in excess of 20 percent for the Veteran's degenerative arthritis of the left knee status post meniscectomy is remanded.

Entitlement to a total disability rating based upon individual unemployability (TDIU) prior April 7, 2020, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from December 1972 to December 1976.

The Veteran is currently in receipt of an award of TDIU since April 7, 2020.  As reflected on the title page, the issue of entitlement to a TDIU rating prior to April 7, 2020, is currently at issue as part of the claim for an increased rating for a left knee disorder.  Rice v. Shinseki, 22 Vet. App. 447, 453-54 (2009); see also AB v. Brown, 6 Vet. App. 35, 38-39 (1993).

1. Entitlement to a rating in excess of 20 percent for the Veteran's degenerative arthritis of the left knee status post meniscectomy is remanded.

2. Entitlement to a TDIU rating prior April 7, 2020, is remanded.

After the agency of original jurisdiction (AOJ) last adjudicated this appeal in a December 2020 supplemental statement of the case, the AOJ added additional, pertinent evidence to the claims folder. In August 2021, the Veteran declined to waive AOJ review of this evidence in the first instance and elected to have the AOJ review this evidence. 

The matters are REMANDED for the following action:

1. Associate with the claims folder updated treatment records.

2. Thereafter, readjudicate the claims. If any benefit sought on appeal remains denied, furnish the Veteran and his representative a supplemental statement of the case. 

 

T. MAINELLI

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.