Citation Nr: 21076502
Decision Date: 12/27/21	Archive Date: 12/27/21

DOCKET NO. 16-12 871
DATE: December 27, 2021

REMANDED

Entitlement to a rating in excess of 10 percent for osteochondritis dessicans, left knee, status post-operative, with degenerative joint disease is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1989 to November 1996.  The matter first came to the Board from an October 2017 rating decision.  The matter was most recently remanded by the Board in April 2020.

Following the May 2020 supplemental statement of the case (SSOC), the Veteran underwent a VA examination for the knees and lower leg in January 2021.

In an October 2021 letter, the Board notified the Veteran of the newly associated files and his right to have the evidence reviewed by the agency of original jurisdiction (AOJ).  The letter indicated the Veteran had 45 days from the date of the letter to respond, and if no response was received, it would be assumed the Veteran wanted the appeal returned to the AOJ for review.  In November 2021, the Veteran responded and indicated he wanted the claim returned to the AOJ for review.  Accordingly, a remand is required. 

The matters are REMANDED for the following action:

Readjudicate the issue on appeal with consideration of all evidence of record, to specifically include any evidence added to the record following the May 2020 SSOC, to include the January 2021 VA examination report.  

 

 

James Springer

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	E. Rekowski

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.