Citation Nr: 21066608
Decision Date: 11/01/21	Archive Date: 11/01/21

DOCKET NO. 16-13 153
DATE: November 1, 2021

REMANDED

Entitlement to service connection for a right knee disability, to include degenerative arthritis, is remanded.  

Entitlement to a rating in excess of 20 percent prior to January 15, 2014, and in excess of 40 percent rating for on and after January 15, 2014, for lumbosacral spine degenerative disc disease with L5 S1 fusion and chronic low back strain is remanded.

Entitlement to a total rating for compensation purposes based on individual unemployability due to service connected disabilities (TDIU) prior to March 28, 2016, is remanded.

REASONS FOR REMAND

Entitlement to service connection for a right knee disability to include degenerative arthritis; a rating in excess of 20 percent prior to January 15, 2014, and in excess of 40 percent rating for on and after January 15, 2014, for lumbosacral spine degenerative disc disease with L5 S1 fusion and chronic low back strain; and a TDIU prior to March 28, 2016, is remanded.

In November 2020, additional relevant VA clinical documentation dated between September 2020 and November 2020 addressing the lumbosacral spine and the right knee was submitted into the record.  The documentation was received subsequent to the most recent supplemental statement of the case issued to the Veteran in August 2020.  In July 2021, the Board of Veterans' Appeals (Board) informed the Veteran of the receipt of the records and asked if he wanted to waive the right to have the Agency of Original Jurisdiction initially review the documentation.  In August 2021, the Veteran requested that the appeal be remanded to the Agency of Original Jurisdiction for review of the additional records. 

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These matters are REMANDED for the following action:

Readjudicate entitlement to service connection for a right knee disability to include degenerative arthritis; a rating in excess of 20 percent prior to January 15, 2014, and in excess of 40 percent rating for on and after January 15, 2014, for lumbosacral spine degenerative disc disease with L5 S1 fusion and chronic low back strain; and a TDIU prior to March 28, 2016.  If any claimed benefit sought on appeal remains denied, issue a supplemental statement of the case to the Veteran and the accredited representative which addresses all relevant actions taken on the Veteran's claims for benefits, to include a summary of the evidence and applicable law and regulations considered, since the issuance of the supplemental statement of the case.  The Veteran should be given the opportunity to respond to the supplemental statement of the case before the case is returned to the Board.

 

 

J. T. HUTCHESON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Middleton, 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.