Citation Nr: 21005772 Decision Date: 02/02/21 Archive Date: 02/02/21 DOCKET NO. 14-42 210 DATE: February 2, 2021 REMANDED Entitlement to an initial rating in excess of 10 percent for left knee degenerative osteoarthrosis based on limitation of motion prior to June 29, 2011 and from August 1, 2011 is remanded. Entitlement to a separate compensable rating for left knee instability prior to August 18, 2020, and to a rating in excess of 10 percent, thereafter, is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1991 to December 1993. These matters come before the Board of Veterans’ Appeals (Board) on appeal from an October 2014 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In October 2015, the Veteran testified at a hearing at the RO before a Decision Review Officer (DRO). In February 2018, the Veteran testified at a Board videoconference hearing before the undersigned. Copies of the transcripts of both hearings have been associated with the claims file. By way of background, these matters were previously before the Board in July 2018, when they were remanded for additional development. During the pendency of the appeal, an October 2020 rating decision assigned a separate 10 percent rating for left knee degenerative arthrosis based on instability, effective August 18, 2020. See October 2020 Rating Decision – Narrative. As this rating is not the maximum allowable, the issues remain on appeal. AB v. Brown, 6 Vet. App. 35 (1993). In addition, the Board notes that the July 2018 Board decision included the issues of entitlement to service connection for obstructive sleep apnea (OSA), erectile dysfunction, and an acquired psychiatric disorder, to include dysthymic disorder, anxiety disorder, and posttraumatic stress disorder (PTSD). See July 2018 BVA Decision. However, during the pendency of the appeal, October 2020 rating decisions granted service connection for OSA, erectile dysfunction, and adjustment disorder with mixed anxiety and depressed mood and unspecified trauma and stressor related disorder. See October 2020 Rating Decision – Narrative. Accordingly, as the Veteran’s service connection claims have been granted, the issues are no longer in appellate status as there are no cases or controversies presently before the Board. See Grantham v. Brown, 114 F.3d 1156, 1158-59 (Fed. Cir. 1997). Lastly, the Board recognizes that the Veteran has also perfected appeals for three additional issues, to include claims for entitlement to service connection for vision and headaches disabilities and for entitlement to a temporary 100 percent disability rating based on treatment for his service-connected left knee disability requiring convalescence. See May 2020 VA Form 8. However, in his substantive appeal forms, the Veteran requested to testify at a Board videoconference hearing, and as a result, those issues will be addressed in a separate decision following the Veteran's hearing. See May 2020 VA Form 9. 1. Entitlement to an initial rating in excess of 10 percent for left knee degenerative osteoarthrosis based on limitation of motion prior to June 29, 2011 and from August 1, 2011 is remanded. 2. Entitlement to a separate rating for left knee instability prior to August 18, 2020, and to a rating in excess of 10 percent, thereafter, is remanded. VA treatment records dated from June to August 2020 show that the Veteran was receiving ongoing treatment for chronic bilateral knee pain from a private physician, Dr. Stanley Tao, at Scott Orthopedic Center. In this regard, a June 2020 primary care telephone encounter note shows that the Veteran had a steroid injection in his left knee at Scott Orthopedic Center the previous week, and subsequently experienced severe hypoglycemia. Thereafter, VA treatment records dated from June to August 2020 show that the Veteran received multiple “gel” injections from the private physician. See October 2020 CAPRI. However, private treatment records from Scott Orthopedic Center and Dr. Tao have not been associated with the claims file. As such, the Board finds that a remand is required to obtain these records. The matters are REMANDED for the following action: With any necessary identification of sources by the Veteran, request all VA treatment records not already associated with the file from the Veteran’s VA treatment facilities, and all private treatment records from the Veteran not already associated with the file, to include all private records from Scott Orthopedics Center and Dr. Stanley Tao dated from May 2020. S. HENEKS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K. Justis, Attorney-Advisor 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.