Citation Nr: 21073347
Decision Date: 12/08/21	Archive Date: 12/08/21

DOCKET NO. 19-34 575
DATE: December 8, 2021

REMANDED

The application to reopen the claim of service connection for a neck disorder.

An effective date prior to June 2, 2017, for the grant of service connection of a right knee replacement.

An effective date prior to June 2, 2017, for the grant of service connection of left knee patellar bursitis.

A rating in excess of 30 percent for a right knee replacement.

A rating in excess of 10 percent for left knee patellar bursitis.

REASONS FOR REMAND

Additional development is necessary prior to deciding the issues on appeal.  Following the August 2019 statement of the case (SOC), additional relevant VA medical records were added to the claims file. In September 2021, the Board sent the Veteran a waiver letter asking if he would like to waive initial review by the agency of original jurisdiction (AOJ).

In October 2021, the Veteran returned the form indicating that he wished to waive AOJ initial review of the new VA-generated medical evidence; however, in November 2021, he subsequently requested an AOJ review.  As such, remand for a new supplemental statement of the case (SSOC) addressing the VA-generated medical evidence added to the claims file after the August 2019 SOC is warranted. 

The matters are REMANDED for the following actions:

1.  Obtain any outstanding VA treatment records and associate them with the claims file.

2.  Readjudicate the remanded claims. If benefits are not granted in full, then, provide the Veteran and his representative with a SSOC and allow an appropriate opportunity to respond.

 

 

L. HOWELL

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.