Citation Nr: 21069507
Decision Date: 11/18/21	Archive Date: 11/18/21

DOCKET NO. 17-01 270
DATE: November 18, 2021

REMANDED

Entitlement to an initial rating in excess of 10 percent for right knee patellofemoral pain syndrome with arthritis is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 2010 to September 2011 and in the National Guard from approximately 2005 to 2019.

This matter comes before the Board of Veterans' Appeals (Board) from a February 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In August 2019, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge. A transcript is of record. The claim was  remanded in November 2019.

Entitlement to an initial rating in excess of 10 percent for right knee patellofemoral pain syndrome with arthritis

Upon review of the record, it appears that the Veteran had drill obligations with the National Guard for several years during the appeal period. As any treatment records associated with this service may be relevant to the Veteran's claim, the Board finds that remand is necessary at this time in order to request any such records.

In accordance with the Board's November 2019 remand instructions, VA attempted to schedule a new examination. However, the Veteran failed to RSVP to examination schedulers. The record notes that the Veteran was called three times and messages were left, but the Veteran did not respond. As the Veteran failed to cooperate with the scheduling of her examination and has not provided good cause for her failure to do so, the Board is not ordering a new examination at this time. 

The matter is REMANDED for the following action:

1. Request any treatment records associated with the Veteran's National Guard service since September 2015.

2. Obtain updated VA treatment records for the period since June 2020.

3. If the claim remains denied, issue a supplemental statement of the case, as appropriate.

 

 

K. A. BANFIELD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Jesteadt, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.