Citation Nr: 21009717
Decision Date: 02/23/21	Archive Date: 02/23/21

DOCKET NO. 18-34 562
DATE: February 23, 2021

REMANDED

Evaluation in excess of 10 percent for left knee severe tricompartmental arthritis with degenerative meniscal tear is remanded.

Evaluation in excess of 10 percent for right knee severe tricompartmental arthritis with degenerative meniscal tear is remanded.

REASONS FOR REMAND

The Veteran served on active duty from April 1962 to October 1982.

The Veteran testified before the undersigned Veterans Law Judge in January 2021.  A transcript of the hearing is in the record before the Board. 

1. Evaluation in excess of 10 percent for left knee severe tricompartmental arthritis with degenerative meniscal tear is remanded.

2. Evaluation in excess of 10 percent for right knee severe tricompartmental arthritis with degenerative meniscal tear is remanded.

Evidence indicates that there may be outstanding relevant VA treatment records.  During the January 2021 hearing, the Veteran reported that he was treated for the knee disabilities on appeal by a VA health care provider during a November 2019 conference call.  The Veteran's eFolder does not contain a record of this VA treatment.  Any VA treatment records are within VA’s constructive possession, and are considered potentially relevant to the issues on appeal.  A remand is required to allow VA to obtain them.

The matters are REMANDED for the following action:

1. Obtain all outstanding VA treatment records, to include updated VA treatment records developed since March 2019, to include the record of a November 2019 or November 2020 telehealth call.  

2. Undertake any further development indicated as a result of the additional materials received on remand. 

 

 

M. C. GRAHAM

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.