Citation Nr: 21066190
Decision Date: 10/28/21	Archive Date: 10/28/21

DOCKET NO. 14-15 856
DATE: October 28, 2021

REMANDED

Entitlement to service connection for a back disability, to include as due to service-connected left knee disability is remanded.

Entitlement to an increased evaluation in excess of 20 percent for service-connected left knee disability is remanded.

Entitlement to service connection for a right knee disability, to include as due to service-connected left knee disability is remanded.

REASONS AND BASES FOR REMAND

The Veteran served on active duty from October 1996 to August 1999.

This matter comes before the Board of Veteran's Appeals (Board) on appeal from an October 2009 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).

In February 2018 and February 2021, the Board remanded the issues for further development. 

The Board finds that more development is necessary prior to final adjudication of the claims on appeal.

After issuance of the Supplemental Statement of the Case (SSOC) in March 2021 additional VA treatment records including a July 2021 VA examination report pertaining to the above claims have been added to the record.  On August 27, 2021, VA sent correspondence to the Veteran asking if he wished to waive initial agency of original jurisdiction (AOJ) review of this evidence.  However, the letter indicated that if he did not respond within 45 days, it will be assumed that he does not wish to have the Board decide his appeal at this time and the Board will thus remand the appeal for AOJ for review.  As of this date, the Board has not received a response.

Therefore, given the expiration of the 45 day requirement to submit a waiver without a response from the Veteran, the Board is required to remand this matter.  On remand, the agency of original jurisdiction should issue a new that considers the evidence received since the March 2021 SSOC.

The matters are REMANDED for the following action:

Readjudicate the issues on appeal. If they remain denied, issue an SSOC pertaining to the Veteran's claims. The matters should then be returned to the Board for appropriate appellate review, if otherwise in order.

 

 

James A. DeFrank

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Alexia E. Palacios-Peters, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.