Citation Nr: 21065536
Decision Date: 10/26/21	Archive Date: 10/26/21

DOCKET NO. 15-41 360
DATE: October 26, 2021

ISSUES

1. Entitlement to a disability rating in excess of 10 percent for a service-connected left knee disability based on limitation of motion.

2. Entitlement to a disability rating in excess of 10 percent for service-connected right knee disability based on limitation of motion.

REMANDED

Entitlement to a disability rating in excess of 10 percent for a service-connected left knee disability based on limitation of motion is remanded.

Entitlement to a disability rating in excess of 10 percent for service-connected right knee disability based on limitation of motion is remanded.

REASONS FOR REMAND

The Veteran served on active duty from March 1967 to October 1969. This case comes before the Board of Veterans' Appeals (Board) on appeal from a July 2014 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO) in Fort Harrison, Montana.

When this case was previously before the Board in May 2021, it was remanded for additional evidentiary development. It has since been returned to the Board for further appellate action.

In the Board's May 2021 remand, it instructed that the RO should provide the appellant with a supplemental statement of the case (SSOC) which provided him with notice of the new musculoskeletal rating criteria and adjudicated the claim applying these criteria. See 38 C.F.R. § 19.31 (a SSOC will be furnished to the veteran when additional pertinent evidence is received after a statement of the case has been issued). This was not accomplished and should be completed on remand. 

The matters are REMANDED for the following action:

Provide the appellant with a SSOC which provides him with notice of the new musculoskeletal rating criteria and adjudicates the claim applying these criteria. If any benefit sought on appeal remains denied, the RO must furnish the Veteran and his representative with a reasonable opportunity for response.

 

 

MICHAEL A. PAPPAS

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.