Citation Nr: 21070999
Decision Date: 11/29/21	Archive Date: 11/29/21

DOCKET NO. 17-23 354
DATE: November 29, 2021

REMANDED

1. Entitlement to service connection for Osgood-Schlatter's disease, right knee, is remanded.

2. Entitlement to a disability rating in excess of 10 percent for left knee Osgood-Schlatter's disease with meniscus tear and degenerative arthritis prior to September 30, 2019, is remanded.

3. Entitlement to an initial disability rating in excess of 20 percent for left knee impairment, to include whether a reduction from 20 percent to 10 percent as of December 1, 2016, was proper is remanded.

4. Entitlement to a disability rating in excess of 60 percent for status post left knee replacement from November 1, 2020, forward, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from March 1978 to March 1979.

This matter comes before the Board of Veterans' Appeals (Board) from rating decision(s) of the Department of Veterans Affairs (VA) Regional Office (RO).    

Evidence received by the Agency of Original Jurisdiction prior to transfer of the records to the Board will be referred to the appropriate rating or authorization activity for issuance of a Supplemental Statement of the Case unless the additional evidence received duplicates evidence previously of record which was discussed in the Statement of the Case or a prior Supplemental Statement of the Case or the additional evidence is not relevant to the issue on appeal.  38 C.F.R. § 19.37(a); see also 38 C.F.R. § 19.31(b)(1).  In this case, the last Statement of the Case was issued in March 2017.  Since that time, additional evidence relevant to the issue on appeal was added to the file by VA, to include VA examinations and treatment records.  The appeal was transferred to the Board in May 2018.  The appeal must be remanded so that a Supplemental Statement of the Case may be issued that considers all evidence of record.

The matters are REMANDED for the following action:

1. With the Veteran's assistance, obtain all outstanding treatment records relevant to his claims.  

2. Readjudicate the claims for service connection for a right knee disability and entitlement to increased ratings for his left knee disability, to include if the reduction was proper.

 

 

P.M. DILORENZO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Hofmeister

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.