Citation Nr: 21014620
Decision Date: 03/15/21	Archive Date: 03/15/21

DOCKET NO. 09-48 451
DATE: March 15, 2021

REMANDED

Entitlement to service connection for a bilateral knee disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from March 1977 to March 1981.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2009 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO), which denied service connection for a bilateral knee disability.

In March 2015, the Veteran testified at a Board videoconference hearing before a Veterans Law Judge.  In May 2015 and May 2016 decisions, the Board remanded the claim on appeal for additional evidentiary development.

In an October 2017 letter, the Board advised the Veteran that the Veterans Law Judge before whom he had previously testified was no longer employed by the Board.  The Veteran elected to have another Board videoconference hearing.  In April 2019, the Veteran testified at a Board videoconference hearing before the undersigned Veterans Law Judge.

In an October 2019 Board decision, the claim on appeal was remanded for further evidentiary development.  A supplemental statement of the case (SSOC) was issued in July 2020.  The Veteran’s VA claims file has been returned to the Board for further appellate proceedings.

1. Entitlement to service connection for a bilateral knee disability is remanded.

VA treatment records dated July 2020 to December 2020 were associated with the Veteran’s claims file following the issuance of the July 2020 SSOC.  This evidence is pertinent to the pending appeal.  The Veteran was sent a letter in December 2020 inquiring as to whether he wanted to waive the Agency of Original Jurisdiction (AOJ)’s initial review of the additional evidence.  The Veteran responded in January 2021 and requested that the claim on appeal be returned to the AOJ for review of the additional evidence.

Therefore, in order to comply with the Veteran’s request, the Board must remand the matter on appeal for readjudication.  38 C.F.R. § 20.1305(c).

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The matters are REMANDED for the following action:

After completing any additional notification and/or development deemed warranted, readjudicate the claim on appeal in light of all pertinent evidence and legal authority.  If any benefit sought is not granted, the Veteran and his representative must be furnished with a supplemental statement of the case and afforded the appropriate time period for response before the claims file is returned to the Board for further appellate consideration.

 

 

K. Conner

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K. K. Buckley, 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.