Citation Nr: 21006019
Decision Date: 02/03/21	Archive Date: 02/03/21

DOCKET NO. 20-06 658
DATE: February 3, 2021

REMANDED

Entitlement to revision of the March 2002 rating decision on the basis of clear and unmistakable error (CUE) to reflect a rating in excess of 10 percent for left knee anterior cruciate ligament repair (left knee disability) is remanded.

REASONS FOR REMAND

The moving party, who is the Veteran, served on active duty in the United States Marine Corps from June 1996 to August 2000.

This matter comes before the Board of Veterans’ Appeals (Board) following the receipt of the Veteran’s motion alleging CUE in the March 2002 rating decision that assigned a 10 percent rating for his left knee disability.

In April 2019, the Board remanded the appeal for further development, specifically directing the VA Regional Office (RO) to issue a Statement of the Case (SOC) addressing the issue of whether there was CUE in the March 2002 RO rating decision that assigned a 10 percent rating for the service-connected left knee anterior cruciate ligament repair.  Upon remand, no SOC was issued addressing this issue.  The RO did issue an SOC on a separate CUE matter in December 2019, but not with regard to the CUE claim that was the subject of the Board’s April 2019 remand.  

In March 2020, the Board denied the Veteran’s claim.  The Veteran appealed the Board’s decision to the United States Court of Appeals for Veterans Claims (Court) which, in October 2020, on the basis of a Joint Motion for Remand (Joint Motion), vacated the denial and remanded the matter to the Board for further action.  Specifically, the parties to the Joint Motion agreed that remand is needed for the RO to issue a SOC addressing the Veteran’s claim that the March 15, 2002 rating decision, which assigned a 10 percent rating for the service-connected left knee disability, is the product of CUE, as required by the terms of the Board’s April 2019 remand.

This matter is REMANDED for the following action:

Issue a SOC addressing the question of whether there was CUE in the March 2002 RO rating decision that assigned a 10 percent rating for the service-connected left knee anterior cruciate ligament repair. 

 

STEVEN D. REISS

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.