Citation Nr: 21012709
Decision Date: 03/05/21	Archive Date: 03/05/21

DOCKET NO. 11-04 677
DATE: March 5, 2021

REMANDED

Entitlement to a disability rating in excess of 30 percent for total left knee replacement with residual scar is remanded.

REASONS FOR REMAND

The Veteran had active duty service from July 1985 to July 2009.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a December 2009 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).  

In February 2016, the Board denied entitlement to a higher disability rating for the Veteran’s left knee disability.  The Veteran appealed that decision to the Court of Appeals for Veterans Claims (Court).  In a November 2016 Joint Motion for Remand (JMR) the parties agreed that the Board’s decision should be vacated.  In November 2016, the Court vacated the Board’s decision, and remanded the issue to the Board for action consistent with the JMR.  The Board subsequently remanded the issues in March 2017, September 2017, and November 2018.  The claim has been returned to the Board for appellate review. 

 

Entitlement to a disability rating in excess of 30 percent for total left knee replacement with residual scar is remanded.

An October 2020 examination of the left knee was associated with the claims file after the most recent Supplemental Statement of the Case (SSOC) was issued in June 2020.  In December 2020, the Board informed the Veteran of the new medical evidence and provided the Veteran with the option to waive consideration of the new evidence by the Agency of Original Jurisdiction (AOJ).  The Veteran was informed in that letter that if a waiver was not received, then the Board would remand the appeal to the AOJ for review.  As no waiver was received, the Board finds that a remand is necessary.  

The matters are REMANDED for the following action:

The Veteran’s claim should be readjudicated with consideration of the new evidence submitted after the most recent SSOC.  If the benefits sought on appeal remain denied, the appellant and his representative should be furnished an SSOC and be given an appropriate period to respond thereto before the case is returned to the Board, if in order.

 

 

Jennifer White

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.