Citation Nr: 21066144
Decision Date: 10/28/21	Archive Date: 10/28/21

DOCKET NO. 17-67 627
DATE: October 28, 2021

REMANDED

Entitlement to an initial disability rating in excess of 10 percent for right knee strain and bursitis with degenerative arthritis (right knee disability) is remanded.

The issue of whether new and material evidence have been received sufficient to reopen a claim of entitlement to service connection for left knee disorder is remanded.

The issue of whether new and material evidence have been received sufficient to reopen a claim of entitlement to service connection for right ankle disorder is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from April 2006 to July 2007.  He served a period of active duty for training from July 2004 to December 2004.  

These matters come before the Board of Veterans' Appeals (Board) on appeal from a May 2015 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).  

In July 2020, the Veteran testified at a hearing before a Veterans Law Judge (VLJ).  A transcript of that hearing is of record.  The Veteran was notified by letter on November 2020 that the VLJ who conducted the July 2020 hearing has since left the Board and the Veteran was offered another opportunity to have another hearing before a different VLJ.  In a January 2021 statement, the Veteran informed the Board that he waived his right to another hearing.  

Regarding the claim of entitlement to an initial higher rating for right knee disability, in June 2015, the Veteran submitted a timely notice of disagreement with regards to the May 2015 rating decision, but a statement of the case has not yet been issued.  A remand is required for the Agency of Original Jurisdiction (AOJ) to issue a statement of the case.  38 C.F.R. § 20.200; Manlincon v. West, 12 Vet. App. 238, 240-41 (1999).  

Relating to the remaining issues on appeal, additional VA treatment records were added to the file by VA, to include treatment records for right ankle and left knee.  VA regulations require that such evidence be submitted for consideration by the AOJ, unless the right to consideration by the AOJ is waived.  38 C.F.R. §§ 19.37, 20.1305.  In an August 2021 statement, the Veteran requested that his case be sent back to the AOJ to review the additional evidence.  As a result, remand is necessary so the AOJ can issue a supplemental statement of the case (SSOC) considering all the pertinent evidence of record associated with the file.  38 C.F.R. § 19.31.  

The matters are REMANDED for the following action:

1. Send the Veteran and his representative a statement of the case that addresses the issue of initial higher rating for his right knee disability.  If the Veteran perfects an appeal by submitting a timely VA Form 9, the issue should be returned to the Board for further appellate consideration.

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2. Review the additional evidence added to the record since the case was certified to the Board pertaining to the issues of service connection for left knee and right ankle, and complete any development deemed necessary in light of the new evidence, and readjudicate the claims.

 

 

D. Martz Ames

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Mathew

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.