Citation Nr: 21064663
Decision Date: 10/21/21	Archive Date: 10/21/21

DOCKET NO. 13-06 776
DATE: October 21, 2021

REMANDED

Entitlement to a disability rating greater than 50 percent prior to January 24, 2019, for left knee anterior cruciate ligament strain status post total arthroplasty is remanded.

REASONS FOR REMAND

The Veteran served active duty from September 1990 to November 1994 and from January 2010 to June 2010.  This issue comes before the Board of Veterans' Appeals (Board) on appeal of a November 2011 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).

Entitlement to a disability rating greater than 50 percent prior to January 24, 2019, for left knee anterior cruciate ligament strain status post total arthroplasty is remanded.

Regarding the claim of entitlement to a disability rating greater than 50 percent prior to January 24, 2019, the Board remanded this issue to the RO in September 2021, but a supplemental statement of the case (SSOC) has not yet been issued.  The agency of original jurisdiction will issue a SSOC if, pursuant to a remand by the Board, it develops the evidence or cures a procedural defect, unless: (1) the only purpose of the remand is to assemble records previously considered by the agency of original jurisdiction and properly discussed in a prior Statement of the Case or SSOC; or (2) the Board specifies in the remand that a SSOC is not required.  38 C.F.R. § 19.31(c).  Here, the RO developed the evidence.  The October 2021 VA medical opinion has been added to the claims file at the direction of the Board.  In its September 2021 remand order, the Board did not specify that a SSOC was not required.  Therefore, a remand is required for the RO to issue a SSOC.  See Manlincon v. West, 12 Vet. App. 238, 240-41 (1999).

The matter is REMANDED for the following action:

Send the Veteran and representative a SSOC that addresses the issue of entitlement to a disability rating greater than 50 percent prior to January 24, 2019 and provide an opportunity to respond.  If necessary, then return the case to the Board for further appellate review.

 

 

G. A. WASIK

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	James Hekel

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  This decision is not precedential and does not establish VA policies or interpretations of general applicability.  38 C.F.R. § 20.1303.