Citation Nr: 21014807 Decision Date: 03/15/21 Archive Date: 03/15/21 DOCKET NO. 14-01 097 DATE: March 15, 2021 REMANDED Entitlement to a disability rating in excess of 10 percent for a right knee disability is remanded. A total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from May 1999 to January 2011. These matters come before the Board of Veterans’ Appeals (Board) on appeal from an April 2012 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). These matters were previously before the Board. In October 2017 and October 2019, the Board remanded the claims for further development. The case is once again before the Board. 1. Entitlement to a disability rating in excess of 10 percent for a right knee disability is remanded. Appellants are entitled to initial review by the Agency of Original Jurisdiction (AOJ) of evidence added to the file by VA, and waiver of such review may not be presumed. See 38 C.F.R. § 20.1304. Additional evidence has been added to the file by VA since the last Supplemental Statement of the Case (SSOC) was issued in July 2020. Notably, additional VA treatment records were added to the record that document complaints of knee pain and a January 2021 VA knee examination. A letter was sent to the Veteran offering the option to a waiver of initial AOJ consideration. In January 2021, the Veteran requested a remand of the claim. Therefore, the appeal must be remanded so that a SSOC may be issued that considers all evidence of record. 38 C.F.R. §§ 19.37(b), 20.1304(c). 2. Entitlement to TDIU is remanded. The issue of entitlement to a TDIU has been raised as part and parcel to the Veteran’s claim for a higher disability rating. See Rice v. Shinseki, 22 Vet. App. 447 (2009). As the issue of entitlement to TDIU can be impacted by resolution of the Veteran’s right knee claim, the Board finds that the issue of entitlement to TDIU must also be remanded. The matters are REMANDED for the following action: The Veteran’s claims should be readjudicated based on the entirety of the evidence. (Continued on the next page)   If the benefit sought on appeal is not granted, the Veteran should be provided a SSOC and afforded the requisite opportunity to respond before the case is remanded to the Board. For the issues on appeal, the SSOC should consider any new evidence received since the last SSOC. M. Donohue Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board E.V. Palatt, 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.