Citation Nr: 21066271
Decision Date: 10/29/21	Archive Date: 10/29/21

DOCKET NO. 20-14 884
DATE: October 29, 2021

REMANDED

The issue of an extension past December 1, 2018 to December 1, 2019 for left knee total replacement is remanded.

The issue of a total disability rating based on individual unemployability (TDIU) due to service-connected disorders is remanded.

REASONS FOR REMAND

This matter is not ready for appellate review and is therefore REMANDED as detailed below.

1. BACKGROUND FOR THE RO ADJUDICATOR:

On August 21, 2018, the Veteran underwent a VA "left knee revision total knee arthroplasty" due to a failed left total knee arthroplasty. The operation report shows that the Veteran's "implants were subsequently revised, first the existing implants were removed utilizing a micro saw with minimal bone loss." The RO indicated that the August 2018 VA left knee surgery resulted in some, not a total replacement, of the Veteran's hardware from his previous left knee arthroplasty. However, the operation report shows that all the existing left knee implants were removed and replaced.

The October 2018 VA examiner indicated that the Veteran's left knee disorder impacted his ability to work. The issue of entitlement to a TDIU has been raised and must be developed and adjudicated. Rice v. Shinseki, 22 Vet. App. 447 (2009).

THE REMAND DIRECTIVES FOLLOW.

2. Have the file reviewed by an orthopedic or surgical examiner. Determine if the Veteran's August 2018 left knee surgery as to "implants" is medically characterized as a "total" or "partial" knee replacement such that would be meant under applicable law. Clarify the operation report of the August 2018 left knee surgery and readjudicate the claim.

Provide appropriate VCAA notice concerning the claim for a TDIU and provide the Veteran with a VA Form 21-8940, Application for Increased Compensation Based on Unemployability, and/or other documents containing the necessary employment and education history.

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3. Readjudicate the claims.  

 

Vito A. Clementi

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. Cohen, Counsel

The Board's action is binding only in this case. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.