Citation Nr: 21010033
Decision Date: 02/23/21	Archive Date: 02/23/21

DOCKET NO. 13-34 121
DATE: February 23, 2021

REMANDED

Entitlement to a disability rating in excess of 20 percent for a left knee disability is remanded.

Entitlement to a disability rating in excess of 20 percent for a left knee disability is remanded.

Prior to September 21, 2016, entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. 

REASONS FOR REMAND

1. Left and Right Knee Disabilities

In September 2019, the Veteran’s claims were remanded by the Board for him to receive another VA examination that assessed the severity of his knee disabilities.  While the Veteran received a VA examination in January 2020, the Agency of Original Jurisdiction (AOJ) has not issued an SSOC with respect to the increased rating claims for the Veteran’s knees.  Thus, the Board finds a remand is necessary for the AOJ to issue a SSOC that considers the January 2020 VA examination. 

2. TDIU 

The Board acknowledges that the Veteran’s TDIU claim was granted from September 21, 2016.  However, the Veteran’s TDIU claim was part and parcel of his right and left knee increased rating claims.  See Rice v. Shinseki, 22 Vet. App. 447 (2009).  Accordingly, the Board must consider whether a TDIU was warranted for the entire appeal period.  His TDIU claim is thus inextricably intertwined with his increased rating claims. 

The matters are REMANDED for the following action:

Adjudicate the Veteran’s increased rating claims for a left and right knee disabilities.  Then readjudicate the Veteran’s TDIU claim for the period prior to September 21, 2016.  If the decision is adverse to the Veteran, issue a Supplemental Statement of the Case and allow the applicable time for response.  Then return the case to the Board.

 

 

ROBERT C. SCHARNBERGER

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.