Citation Nr: 21012199 Decision Date: 03/03/21 Archive Date: 03/03/21 DOCKET NO. 13-89 787A DATE: March 3, 2021 REMANDED Entitlement to a compensable disability rating for ligamentous strain of the right knee (a right knee disability) prior to August 22, 2013 is remanded. Entitlement to a disability rating in excess of 10 percent for a right knee disability since August 22, 2013 is remanded. Entitlement to a disability rating in excess of 20 percent rating for instability of the right knee is remanded. REASONS FOR REMAND The Veteran served on active duty from March 2000 through September 2005. This matter is before the Board of Veterans’ Appeals (Board) on appeal of a June 2012 rating decision of the Chicago, Illinois, Regional Office (RO) of the Department of Veterans Affairs (VA). In May 2020, the Board remanded the case for further development. Stegall v. West, 11 Vet. App. 268, 271 (1998). The Board regrets the delay inherent with another remand, but because there has not been substantial compliance with the previous remand instruction, another remand is necessary. Id. The Veteran underwent a VA examination in May 2012. During the VA examination, the Veteran provided information regarding a referral for physical therapy to Dr. C.M at the Chicago Orthopedics & Sports Medicine (C.O. & S.M.). As noted in the May 2020 Board remand, these records had not been associated with Veteran’s claims file. Therefore, the issues were, in part, remanded to obtain the private treatment notes and to obtain a retrospective medical opinion regarding the severity of the Veteran’s right knee disability and instability for the entire appeal period as the potentially relevant medical records from the private examiner had not been associated with the claims file. While on remand, the RO requested authorization from the Veteran so that the above noted records could be obtained. Subsequently, the requested retrospective medical opinion was provided. The VA examiner, however, indicated that the medical records noted above were not in the file. Then in a correspondence dated in August 2020, albeit not complete, authorization was provided by the Veteran to obtain the records from Dr. C.M at the C.O. & S.M. However, these records do not appear to have been obtained or requested. The Board emphasizes that the missing private treatment records are pertinent to the Veteran’s claim on appeal. Accordingly, a remand is warranted for additional development to attempt to obtain these records and a medical opinion to provide further evaluation with the full record to review. 38 C.F.R. § 3.159(c)(2). The matters are REMANDED for the following action: 1. The RO should request the records identified from Dr. C.M at the C.O. & S.M. If any requested records are unavailable, annotate the file and notify the Veteran. 2. If the records are obtained and associated with the claims file, obtain an addendum opinion by an appropriate medical professional. The entire claims file must be reviewed by the examiner. The examiner is asked to determine the nature and severity of his right knee disability with instability throughout the entire period on appeal. The report must include a complete rationale for all opinions expressed. A. C. MACKENZIE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A-L Evans, 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.