Citation Nr: 21069291
Decision Date: 11/18/21	Archive Date: 11/18/21

DOCKET NO. 05-28 200
DATE: November 18, 2021

REMANDED

Entitlement to an increased rating for left knee arthritis, rated as 10 percent disabling prior to June 3, 2021, and 60 percent thereafter, is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from June 1979 to January 1988. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2005 rating decision by the Denver, Colorado, Regional Office (RO) of the United States Department of Veterans Affairs.

This issue was previously before the Board, most recently in March 2021, at which time it was remanded for additional development.

While on remand, the RO issued a July 2021 rating decision increasing the Veteran's left knee rating to 60 percent, effective June 3, 2021. As this increase did not represent a full grant of the benefits sought for the entire appeal period, the Veteran's appeal has not been abrogated and the matter remains in appellate status. AB v. Brown, 6 Vet. App. 35, 38 (1993).

Although the Board sincerely regrets the additional delay, a remand is required in this case to afford the Veteran every possible consideration and to ensure that there is a complete and accurate record upon which to decide his appeal.

In this regard, the Veteran indicated that he had a left total knee replacement in May or June 2020. Per the Board's March 2021 remand, the RO sent the Veteran a letter, later that month, to obtain records pertaining to that surgery. The Veteran did not respond. In June 2021, the Veteran underwent a VA examination for his left knee. The examiner noted that the Veteran had a history of four knee replacements on the right and one on the left, said to have occurred in 2018. The Board finds this discrepancy troublesome, as it appears the examiner was not aware of the Veteran's reported subsequent left total knee replacement in 2020. Therefore, in order to have an accurate picture of the Veteran's disability, the Board finds that a remand is required to again seek clarification and records from the Veteran regarding his May/June 2020 left total knee replacement, and, if in order, provide him with another VA examination to consider such records.

The matter is REMANDED for the following action:

1. Take appropriate action to obtain and associate all relevant VA treatment records and private treatment records, including any records relating to treatment for his left knee disability, including records from his May or June 2020 left knee replacement. Make two attempts to obtain any identified relevant private treatment records and inform the Veteran of any attempts to locate such records that could not be obtained.

2. If additional records are obtained, schedule the Veteran for a knee examination to ascertain the current level and severity of his left knee arthritis, status post left knee replacement.

 

3. Readjudicate the appeal.

 

 

L. M. BARNARD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A.Z., 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.