Citation Nr: 21008309 Decision Date: 02/16/21 Archive Date: 02/16/21 DOCKET NO. 11-15 815 DATE: February 16, 2021 REMANDED Entitlement to a rating in excess of 10 percent for left knee scar. Entitlement to an evaluation in excess of 30 percent for left knee total replacement on and after January 1, 2012. REASONS FOR REMAND The Veteran served on active duty from December 1977 to December 1980. This claim is on appeal from March 2009 and March 2011 rating decisions and was before the Board in August 2018. The Veteran appeared before the undersigned Veterans Law Judge in April 2018 and delivered sworn testimony via videoconference hearing. Remand is required for RO consideration and issuance of a supplemental statement of the case (SSOC). Since the May 2020 SSOC, additional VA medical records have been associated with the claims file without an SSOC or a waiver of Agency of Original Jurisdiction (AOJ) review. In a letter dated in December 2020, the Veteran and his representative were notified that additional evidence had been received by the Board that had not previously been considered by the AOJ. The letter provided him with 45 days to indicate whether he wished to have the AOJ initially review the evidence or if he waived the right to have such initial AOJ review. The letter informed him that if a response was not received, the Board would remand the case to the AOJ for its initial review of the new evidence. The Veteran did not respond to the letter and did not submit a written waiver of this new evidence. Thus, a remand is required for AOJ initial review of relevant new evidence and issuance of an SSOC for the Veteran’s claims from the May 2020 SSOC. See 38 C.F.R. § 20.1304 (c). The matters are REMANDED for the following action: 1. Contact the appropriate VA Medical Center and obtain and associate with the claims file all outstanding records of treatment on and after October 5, 2020. If any requested records are not available, or the search for any such records otherwise yields negative results, that fact must clearly be documented in the claims file. Efforts to obtain these records must continue until it is determined that they do not exist or that further attempts to obtain them would be futile. The non-existence or unavailability of such records must be verified and this should be documented for the record. Required notice must be provided to the Veteran and the representative. 2. Contact the Veteran and afford him the opportunity to identify by name, address and dates of treatment or examination any relevant medical records. Subsequently, and after securing the proper authorizations where necessary, make arrangements to obtain all the records of treatment or examination from all the sources listed by the Veteran which are not already on file. All information obtained must be made part of the file. All attempts to secure this evidence must be documented in the claims file, and if, after making reasonable efforts to obtain named records, they are not able to be secured, provide the required notice and opportunity to respond to the Veteran and the representative. 3. After completing the above action, and any other development as may be indicated by any response received as a consequence of the actions taken in the paragraphs above, the issues of entitlement to a rating in excess of 10 percent for left knee scar and entitlement to an evaluation in excess of 30 percent for left knee total replacement on and after January 1, 2012 must be readjudicated. A supplemental statement of the case must be provided to the Veteran and his representative. K. MILLIKAN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board David Nelson 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.