Citation Nr: 21065366
Decision Date: 10/26/21	Archive Date: 10/26/21

DOCKET NO. 18-25 316
DATE: October 26, 2021

REMANDED

An initial rating higher than 10 percent for a left knee disability is remanded.

An initial rating higher than 10 percent for a right knee disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from February 1996 to February 2016. In May 2021, the Board of Veterans' Appeals (Board) remanded his claims to the agency of original jurisdiction (AOJ). The AOJ substantially complied with the Board's remand instructions. Stegall v. West, 11 Vet. App. 268, 271 (1998).

On review, the Board finds that another remand is warranted because there appear to be outstanding private medical records that are relevant to the claims. 

The AOJ last associated private medical records with the claims file in July 2017. In May 2018, the Veteran submitted a knee and lower leg conditions disability benefits questionnaire (DBQ) completed by "Dr. S.R.," a private provider. The Veteran contends this medical evidence shows that his bilateral knee disabilities "are much worse than they have been rated." See May 2018 VA Form 9. 

Under Section 3 of the 2018 DBQ (Initial Range of Motion Measurements), Dr. S.R. wrote "See PT Eval [physical therapy evaluation]." However, there is no corresponding physical therapy evaluation with the range of motion measurements attached to the 2018 DBQ, or elsewhere in the claims file.  

On remand, the AOJ should make reasonable efforts to obtain any additional private medical records from Dr. S.R. that are not already on file. 

The Board by this remand makes no determination, expressed or implied, concerning the credibility of any statements on file.

The matters are REMANDED for the following action:

1. Ask the Veteran to complete a VA Form 21-4142 for any additional private medical records from "Dr. S.R." that are not already on file. Make two requests for the authorized records, unless it is clear after the first request that a second request would be futile. Associate the records with the claims file. 

2. Readjudicate the claims in a supplemental statement of the case, and allow the Veteran and his representative the opportunity to respond. Then return to the Board for further appellate review.

 

KELLI A. KORDICH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D.Z. Wall, Associate 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.