Citation Nr: 21064952
Decision Date: 10/22/21	Archive Date: 10/22/21

DOCKET NO. 14-36 955
DATE: October 22, 2021

REMANDED

Entitlement to service connection for a right knee condition is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 2007 to August 2007 and from September 2007 to September 2008. 

This matter is before the Board of Veterans' Appeals (Board) on appeal of a March 2013 rating decision of the Detroit, Michigan, Regional Office (RO) of the Department of Veterans Affairs (VA).  

The Veteran appeared at a hearing before the undersigned Veterans Law Judge in June 2018 hearing.  A transcript of the hearing is in the Veteran's file.

In November 2018 and October 2020, the Board remanded the case for further development.  Stegall v. West, 11 Vet. App. 268, 271 (1998).

In March 2021, the RO issued a rating decision granting service connection for a left knee disability, which had previously been remanded by the Board.  As the Veteran has not appealed either the evaluation or effective date assigned to this disability, this matter is not before the Board.  See Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997).

Entitlement to service connection for a right knee condition is remanded.

Remand of this issue is necessary to ensure that due process is followed.  In pertinent part, under 38 C.F.R. § 19.37, if a Statement of the Case (SOC) is prepared prior to receipt of additional evidence, a Supplemental SOC (SSOC) must be furnished, as provided in 38 C.F.R. § 19.31, unless the additional evidence is duplicative or not relevant to the issue on appeal.  

A review of the record shows that a January 2019 private medical treatment note reflects diagnoses of knee pain, an ACL tear and bilateral Wiberg kneecap patella; however, there was no indication of which knee the diagnoses were made.  The Veteran was afforded a VA knee and lower leg conditions examination in September 2019.  A diagnosis of a right knee strain was provided.  Pursuant to the October 2020 Board remand, the Veteran was afforded a VA knee and lower leg conditions examinations in February 2021.  Diagnoses of anterior cruciate ligament tear and recurrent subluxation in right knee were noted.  

In a March 2021 SSOC, the RO continued the denial of the issue of service connection for a right knee condition.  

Subsequently, the Veteran underwent another VA knee and lower leg conditions examination in June 2021.  The examination report reflects that the Veteran's right knee was examined, and additional diagnoses of recurrent patellar dislocation, patellar instability and tendinosis were provided.  After the VA examination record was associated with the Veteran's claims file, the case was returned to the Board without further adjudication of the claim and issuance of an additional SSOC.  

As new diagnoses previously not of record were included in the June 2021 VA examination report for the Veteran's right knee condition, the Board finds that a new SSOC must be issued prior to further appellate action.  38 C.F.R. § 19.31.  

The matters are REMANDED for the following action:

After completing any additional development deemed necessary, readjudicate the issue on appeal with consideration of the VA examination associated with the claims file after the March 2021 SSOC and any other new evidence submitted.  If the benefit sought remains denied, provide an SSOC to the Veteran and his representative.  

 

A. C. MACKENZIE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Evans, A-L

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.