Citation Nr: A21019299
Decision Date: 12/03/21	Archive Date: 12/03/21

DOCKET NO. 200208-61502
DATE: December 3, 2021

REMANDED

The claim for service connection for right knee disability is remanded.

REASONS FOR REMAND

The Veteran honorably served on active duty from January 1959 to November 1968, October 1970 to December 1974, and April 1976 to May 1986. In a January 2020, the Regional Office (RO) denied his claim for service connection for right knee disability. The Veteran appealed, electing the Board's direct review lane. In April 2020, the Board denied the claim. The Veteran appealed to the United States Court of Appeals for Veterans' Claims (Court). In July 2021, the Court granted a Joint Motion for Remand (JMR), vacating and remanding the Board's decision.

Per Court's instructions, the Board incorporated copies of Appellant's Brief dated March 19, 2021, the JMR, and the Court's order into record. Further in compliance with the Court's instructions, the Board sent the Veteran a letter dated August 2, 2021, permitting no fewer than 90 days for the submission of additional argument. 

Of note, under the AMA (Appeals Modernization Act) framework, while the Veteran may submit additional arguments, if he wishes to have the RO consider any additional evidence outside of the evidentiary record closed as of January 7, 2020, when the RO issued its decision, he must file a supplemental claim which he may file at any time. If the supplemental claim is found to be supported by new and relevant evidence and results in a grant of the sought benefit, the original date of claim shall be preserved. 

In the interim, per JMR, the parties agreed that the Board must ensure that the VA's predecisional duty to assist the Veteran in obtaining his private treatment records is satisfied. The parties specifically observe a September 2008 VA treatment note referencing the Veteran's report that his private primary care physician, Dr. K. in Cleveland, recommended a knee surgery several months earlier.  With that, the parties agreed that these records are relevant to the claim, but the record is devoid of any efforts to assist the Veteran in obtaining those records.  

Accordingly, the matters are REMANDED for the following action:

1. Assist the Veteran in obtaining his private treatment records from Dr. K. in Cleveland. 

All efforts to that end must be documented.

 

 

MATTHEW W. BLACKWELDER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Alex Bardin, 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.