Citation Nr: A21017642
Decision Date: 11/01/21	Archive Date: 11/01/21

DOCKET NO. 190108-73716
DATE: November 1, 2021

REMANDED

Entitlement to an evaluation in excess of 10 percent disabling for chronic chondromalacia of the patella, limitation of flexion right knee with degenerative arthritis is remanded.

Entitlement to a compensable evaluation for chronic chondromalacia of the patella, instability, right knee is remanded.

Entitlement to total disability based on individual unemployability is remanded.

REASONS FOR REMAND

The Veteran had active service from June 1990 to October 1990.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an October 2018 Higher-Level Review rating decision from a Department of Veteran's Affairs (VA) Regional Office (RO).

In January 2019, the Veteran disagreed with the above-noted rating decision and filed a VA Form 21-4138 Statement in Support of Claim indicating that he elected the Hearing lane, wanted a Board of Veterans' Appeals (Board) hearing and the opportunity to submit any additional evidence in support of his appeal within 90 days after the hearing. Accordingly, the Veteran testified before the undersigned in June 2021. 

Entitlement to an evaluation in excess of 10 percent disabling for chronic chondromalacia of the patella, limitation of flexion right knee with degenerative arthritis

Entitlement to a compensable evaluation for chronic chondromalacia of the patella, instability, right knee

Remand is required to correct the following pre-decisional duty to assist errors:

The Board finds that a new VA knee examination is warranted. In this regard, the Veteran last underwent a VA knee examination in December 2015, However, the Veteran testified to worsening symptomatology in his June 2021 Board hearing. Accordingly, a new examination is warranted to ascertain the Veteran's current level of disability.

Entitlement to TDIU

The duty to assist error with respect to the warrant of a new VA examination for the Veteran's service-connected right knee extends to the Veteran's claim for a TDIU. Because of that failure, the Board cannot determine whether the Veteran is entitled to a TDIU for the period on appeal. Thus, the Board concludes that the issue must be remanded pending an adequate examination.

The matters are REMANDED for the following action:

1. Schedule the Veteran for a VA examination to ascertain the current severity and manifestations of his service-connected right knee disorder.

Any and all studies, tests, and evaluations deemed necessary by the examiner should be performed. The examiner is requested to review all pertinent records associated with the electronic claims file.

2. Once the previous directive has been completed, adjudicate the Veteran's entitlement to a total disability 

 

evaluation due to individual unemployability

 

 

L. M. BARNARD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	R. A. Elliott II, 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.