Citation Nr: 21005857
Decision Date: 02/02/21	Archive Date: 02/02/21

DOCKET NO. 16-01 839
DATE: February 2, 2021

REMANDED

Entitlement to an initial rating in excess of 10 percent for right knee strain with osteoarthritis and medial meniscal degeneration prior to July 23, 2019, and in excess of 50 percent since July 23, 2019, is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the U.S. Navy from February 1968 to October 1972.  This matter comes before the Board of Veterans’ Appeals (Board) from a February 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

In September 2018, the Board remanded the Veteran’s case for additional development.  The case has now been returned to the Board for review.  

Unfortunately, the Board finds that a remand is required.  During the pendency of the Veteran’s claim for an increased initial rating for his right knee disability, dating back to the effective date of June 15, 2012, the Veteran reported receipt of Social Security Administration (SSA) disability benefits.  Though the record indicates that the Veteran initiated the process of filing his claim for disability benefits after an incident in March 2011, it is not evident when the Veteran filed his claim and when he was granted SSA disability benefits.  Given the evidence of record, the Board cannot conclude that these records would be irrelevant to the Veteran’s claim for a higher initial rating.  See Golz v. Shinseki, 590 F.3d 1317 (Fed. Cir. 2010).  In this respect, the Board points out that disabilities must be viewed in relation to its history and the assignment of an initial rating must consider the history of the disability.  See 38 C.F.R. § 4.1; Fenderson v. West, 12 Vet. App. 119 (1999).  There is no indication that the SSA records have been requested and remand is required to obtain these identified records.  

The matters are REMANDED for the following action:

1. Obtain the Veteran’s SSA records to include any supporting medical records and the decision granting the benefit.

2. Thereafter, review the expanded record since the May 2020 Supplemental Statement of the Case, and readjudicate the matter on appeal.  If the matter remains denied, return the appeal to the Board for further consideration.

 

 

WILLIAM H. DONNELLY

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Seay, 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.