Citation Nr: 21007932 Decision Date: 02/11/21 Archive Date: 02/11/21 DOCKET NO. 16-12 910 DATE: February 11, 2021 REMANDED Entitlement to service connection for hypertension is remanded. Entitlement to a disability rating in excess of 40 percent for lumbosacral strain is remanded. Entitlement to a disability rating in excess of 10 percent for left lower extremity radiculopathy is remanded. Entitlement to a disability rating in excess of 10 percent for a left knee disability is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty in the United States Army from October 1972 to September 1983. For his meritorious service, the Veteran was awarded (among other decorations) the Army Commendation Medal. The matters on appeal came to the Board of Veterans’ Appeals (Board) on appeal from January 2012 and December 2014 Rating Decisions. In December 2018, matters were remanded by the Board for further development. The ordered development was performed. Thereafter, the Veteran was granted a separate 10 percent evaluation for painful flexion of the left knee. See April 2020 Rating Decision. Considering the Veteran’s March 2019 application for increased compensation based on unemployability, a claim for a TDIU has been reasonably raised by the record in conjunction with a pending appeal for an increased rating and is thus also before the Board. Rice v. Shinseki, 22 Vet. App. 447 (2009). In October 2017, the Veteran’s counsel submitted notice of withdrawing representation, and did not file any subsequent VA Form 21-22a to reestablish representation. She again asserted this withdrawal from representation in 2019. In June 2020, correspondence was received from same counsel noting that she represented the Veteran in his appeal, and a motion for a 90-day extension of time to submit evidence/argument was requested; this request was granted by the Board. Following the 2017 and 2019 withdrawals, neither the Veteran nor his former representative have submitted a valid VA form to designate her as his power of attorney before VA. Absent such a form, representation may not simply revert back to a former representative. As such, the Veteran is considered unrepresented at this time. If he and his attorney wish to reinstate her designation as his representative, a valid VA Form 21-22a is required. REASONS FOR REMAND 1. Entitlement to an increased rating for a left knee disability is remanded. Previously, the Board remanded this issue for a new examination. Subsequently, a separate 10 percent evaluation was assigned. The April 2020 Supplemental Statement of the Case (SSOC) did not address the issue and noted that the two 10 percent evaluations assigned to the knee combined to 20 percent, which represented a full grant of the benefit sought. On review, the separate rating does not appear to have been implemented. Moreover, the Board finds that two separate 10 percent evaluations would not be a full grant of the benefit sought for an appellant seeking a 20 percent evaluation due to how such evaluations are calculated. Therefore, the Board finds that this matter should be remanded for the issuance of an appropriate statement of the case. Manlincon v. West, 12 Vet. App. 238 (1999). 2. Entitlement to service connection for hypertension is remanded. 3. Entitlement to a disability rating in excess of 40 percent for lumbosacral strain is remanded. 4. Entitlement to a disability rating in excess of 10 percent for left lower extremity radiculopathy is remanded. 5. Entitlement to a TDIU is remanded. As to the remaining claims, additional evidence (specifically records from the Social Security Administration) was associated with the Veteran’s claims file. The Veteran was apprised of this fact in a November 2020 letter from the Board. The Veteran, however, did not respond to the letter or otherwise waive his right to have this evidence analyzed by the Board in the first instance. Accordingly, these matters must be remanded to the RO in order that a supplemental statement of the case be issued. The matter is REMANDED for the following action: Send the Veteran a supplemental statement of the case that considers all evidence submitted or obtained since the previous adjudication. Further, the SSOC must address and include the issues of entitlement to an increased rating for each rated disability of the Veteran’s left knee. If the benefits sought on appeal remains denied, the issue should be returned to the Board for further appellate consideration. Evan M. Deichert Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. C. KING, 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.