Citation Nr: 21006867
Decision Date: 02/05/21	Archive Date: 02/05/21

DOCKET NO. 13-15 155
DATE: February 5, 2021

REMANDED

Entitlement to an increased rating for chondromalacia patella of the left knee, currently evaluated as 10 percent disabling, is remanded.

Entitlement to an increased rating for chondromalacia patella of the right knee, currently evaluated as 10 percent disabling, is remanded.

REASON FOR REMAND

The Veteran served on active duty from February 1974 to February 1994.  

This matter is before the Board of Veterans’ Appeals (Board) on appeal from a February 2010 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).   

The matter was remanded by the Board and the appeal has returned to the Board for review. There has been substantial compliance with the Board’s remand directives. Stegall v. West, 11 Vet. App. 268 (1998).

In the July 2015 decision, the Board determined that the issue of entitlement to a TDIU due to service-connected disability was raised by the record pursuant to Rice v. Shinseki, 22 Vet. App.447 (2009). In September 2020, the RO granted entitlement to a TDIU due to service-connected disability, effective April 1, 2009, the date the schedular requirements for TDIU were met, as well as the date of receipt of the Veteran’s increased rating claim. The Veteran is also in receipt of special monthly compensation (SMC) for the entire appeal period. Therefore, as TDIU due to service-connected disability has been granted for the entire period on appeal, and the Veteran is in receipt of SMC during the entire appeal period, this constitutes a full grant of the benefits sought. See Buie v. Shinseki, 24 Vet. App. 242, 250 (2011). Thus, the issue of entitlement to a TDIU due to service-connected disability is no longer before the Board. See Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997).

1. Entitlement to an increased rating for chondromalacia patella of the left knee, currently evaluated as 10 percent disabling, is remanded.

2. Entitlement to an increased rating for chondromalacia patella of the right knee, currently evaluated as 10 percent disabling, is remanded.

The Veteran’s most recent VA examination for knee and lower leg was in June 2019, nearly 18 months ago.  

In the November 2020 appellant’s brief, the Veteran’s through his representative, stated that the Veteran’s bilateral chondromalacia patella symptoms have worsened In light of the record suggesting worsening of the Veteran’s disabilities and the need for contemporaneous medical evidence, the Board finds that a remand is necessary. See Snuffer v. Gober, 10 Vet. App. 400 (1997).

The matters are REMANDED for the following action:

1. Obtain and associate with the claims file any outstanding VA and private treatment records pertinent to the Veteran’s bilateral chondromalacia patella  disabilities.

2. Thereafter, schedule the Veteran for a medical examination to determine the current severity of her service-connected bilateral chondromalacia patella disabilities. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disabilities under the rating criteria. 

 

 

Jennifer White

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Susan Leary, 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.