Citation Nr: 21010885 Decision Date: 02/26/21 Archive Date: 02/26/21 DOCKET NO. 16-06 363 DATE: February 26, 2021 REMANDED Entitlement to service connection for right leg compartment syndrome, also claimed as shin splints, is remanded. Entitlement to service connection for left leg compartment syndrome, claimed as shin splints, is remanded. Entitlement to service connection for a right ankle disability is remanded. Entitlement to service connection for a left ankle disability is remanded. Prior to February 17, 2015, entitlement to a rating higher than 10 percent for right knee chondromalacia patella is remanded. Prior to February 17, 2015, entitlement to a rating higher than 10 percent for right knee torn meniscus is remanded. Prior to February 17, 2015, entitlement to a compensable rating for right knee limited extension is remanded. Beginning February 17, 2015, entitlement to a rating higher than 30 percent for the right knee disability status post total knee replacement, excluding the periods of temporary total disability, is remanded. Entitlement to a total disability rating due to individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1973 to June 1974. This matter comes on appeal before the Board of Veterans’ Appeals (Board) from an August 2013 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In November 2018, the Veteran testified before the undersigned Veterans Law Judge via videoconference hearing. A copy of the hearing transcript is of record and has been reviewed. Entitlement to service connection for right leg compartment syndrome, also claimed as shin splints, is remanded; 2. Entitlement to service connection for left leg compartment syndrome, claimed as shin splints, is remanded; 3. Entitlement to service connection for a right ankle disability is remanded; 4. Entitlement to service connection for a left ankle disability is remanded; 5. Prior to February 17, 2015, entitlement to a rating higher than 10 percent for right knee chondromalacia patella is remanded; 6. Prior to February 17, 2015, entitlement to a rating higher than 10 percent for right knee torn meniscus is remanded; 7. Prior to February 17, 2015, entitlement to a compensable rating for right knee limited extension is remanded; and 8. Entitlement to a total disability rating due to individual unemployability (TDIU) is remanded. Relevant VA-generated evidence has been added to the claims file since the RO most recently adjudicated the claim in the August 2018 Supplemental Statement of the Case (SSOC). In this regard, relevant VA treatment records and VA examinations were added to the record. The Board informed the Veteran and his attorney about the additional VA generated evidence and requested the Veteran decide whether to waive original consideration by the RO in a November 2020 letter. Neither the Veteran nor his attorney has responded to this request. Therefore, the Board may not consider this evidence in the first instance, and the claims must be remanded to the agency of original jurisdiction for consideration of the additional evidence and issuance of an SSOC. See 38 C.F.R. § 20.1305(c) (formerly 20.1304(c)) (requiring remand for initial RO review of pertinent evidence submitted after notification of certification of the appeal to the Board, “unless this procedural right is waived by the appellant or representative.”) 9. Beginning February 17, 2015, entitlement to a rating higher than 30 percent for the right knee disability status post total knee replacement, excluding the periods of temporary total disability, is remanded. The Veteran timely appealed the ratings assigned for his right knee disabilities. See August 2014 NOD. However, neither the January 2016 Statement of the Case nor the August 2018 Supplemental Statement of the Case adjudicated the ratings assigned to the right knee disability after February 17, 2015. Accordingly, a Statement of the Case must be sent to the Veteran on these issues. See Manlincon v. West, 12 Vet. App. 238 (1999). The matters are REMANDED for the following action: Obtain any pertinent outstanding VA treatment records and associate them with the claims file. After conducting any other development deemed necessary, readjudicate the claim on appeal, ensuring that all evidence added to the file since the August 2018 SSOC is considered. S. B. MAYS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. Harper, 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.