Citation Nr: 21067139
Decision Date: 11/03/21	Archive Date: 11/03/21

DOCKET NO. 17-61 603
DATE: November 3, 2021

REMANDED

Entitlement to an initial disability rating in excess of 10 percent for right knee degenerative arthritis, status-post surgeries, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from April 1978 to June 1987, November 2001 to June 2002, and from March 2003 to January 2004.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2015 rating decision by the Department of Veteran Affairs (VA) Regional Office (RO).  In September 2015, the Veteran disagreed with the May 2015 rating decision.  In November 2019, the Veteran testified before the undersigned Veterans Law Judge (VLJ) via videoconference.  In a January 2020 statement, the Veteran waived RO consideration of all new evidence since the last February 2019 Supplemental Statement of the Case.

This case was previously before the Board in May 2020.  At that time, the Board remanded the case for additional development.  Unfortunately, for the reasons discussed below, another remand is required.  See Stegall v. West, 11. Vet. App. 268 (1998).

 

Entitlement to an initial disability rating in excess of 10 percent for right knee degenerative arthritis is remanded.

In the May 2020 remand, the Board ordered the RO to obtain a retrospective medical opinion concerning the nature, extent, and severity, as well as the functional impairment of the Veteran's service-connected right knee disability from July 9, 2013 to the present.  In the September 2020 VA examination report, no such opinion was provided.  Because of this, a new VA opinion is necessary to determine whether the Veteran's knee symptoms are consistent from 2013 to the present, or whether they increased in severity.

The matters are REMANDED for the following actions:

1. Please note that, by law, ALL remanded claims must be processed expeditiously.

2. In accordance with the provisions of 38 C.F.R. § 3.159(c)(1), contact the Veteran for additional information about treatment for his condition and make efforts to obtain all VA and private treatment records concerning this claim.

3. Arrange for the Veteran's file to be forwarded to a VA examiner for a clarifying addendum opinion regarding the nature, extent, and severity of the Veteran's right knee symptoms and functional impairment.  The examiner or consulting physician must review the entire record (including all updated records obtained pursuant to the above development order).

Based on his or her review, the examiner or consulting physician should provide an opinion as to whether the Veteran's right knee symptoms and functional impairment are consistent from 2013 to the present, or if at any time they increased in severity.

4. A detailed explanation (rationale) is requested for all opinions provided.  (By law, the Board is not permitted to rely on any conclusion that is not supported by a thorough explanation.  Providing an opinion or conclusion without a thorough explanation will delay processing of the claim and may also result in a clarification being requested).

 

 

VICTORIA MOSHIASHWILI

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Abrams, 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.