Citation Nr: 21066495
Decision Date: 11/01/21	Archive Date: 11/01/21

DOCKET NO. 14-28 469A
DATE: November 1, 2021

REMANDED

Entitlement to an initial rating in excess of 10 percent disabling for left knee painful range of motion is remanded.

Entitlement to an initial rating in excess of 10 percent disabling for left knee instability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1991 to August 2011.  

This matter is before the Board of Veterans' Appeals (Board) on appeal from a July 2012 rating decision by a Department of Veterans Affairs Regional Office (RO).

During the pendency of the appeal, an October 2019 rating decision granted an initial 10 percent rating.  

In an April 2020 decision, the Board denied an initial rating in excess of 10 percent for left knee disability.  The Veteran appealed the Board's decision to the U.S. Court of Appeals for Veterans Claims (Court).  In a March 2021 Order, the Court vacated the Board's April 2020 decision and remanded for readjudication in compliance with the Joint Motion for Remand (JMR).  In pertinent part, the JMR found that the Board erred by relying on a VA examination that did not provide findings meeting the requirement of 38 C.F.R. § 4.59 and Correia v. McDonald, 28 Vet. App. 158, 169-170 (2016).  Additionally, the Court found the Board erred by not providing adequate reasons or bases for denying a separate rating for instability.

In accordance with the JMR, the Board remanded this case in July 2021, and instructed the Agency of Original Jurisdiction (AOJ) to obtain a VA examination.  

Lastly, an August 2021 rating decision granted a separate rating for left knee instability of 10 percent, effective August 6, 2021.  

Increased Ratings - Left Knee Disability

After a review of the evidence of record, in order to properly adjudicate these issues on appeal, a Remand is necessary to obtain private treatment records.  In this regard, during his May 2019 VA examination, the Veteran reported receiving treatment for his left knee disability from his primary care provider.  However, no treatment records from any provider have been associated with the claims file.  In this regard, while unrelated to this claim on appeal, a March 2021 claim for benefits shows he reported treatment from various listed private medical providers.

Accordingly, efforts should be made to obtain any identified treatment records during the period on appeal.

The matters are REMANDED for the following action:

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With any necessary identification of sources by the Veteran, request all VA treatment records not already associated with the file from the Veteran's VA treatment facilities, and all private treatment records not already associated with the file pertaining to the claims for increased ratings for the left knee disability.

 

 

S. HENEKS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Lamb, 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.