Citation Nr: 21014999
Decision Date: 03/16/21	Archive Date: 03/16/21

DOCKET NO. 12-16 837
DATE: March 16, 2021

REMANDED

Entitlement to a rating greater than 10 percent for right knee instability is remanded.

Entitlement to a rating greater than 10 percent for left knee instability is remanded.

Entitlement to a rating greater than 20 percent for right knee osteoarthritis is remanded.

Entitlement to a rating greater than 20 percent for left knee osteoarthritis is remanded.

REASONS FOR REMAND

The Veteran had active duty service from July 1988 to May 1996. 

This matter was previously before the Board in January 2014 and March 2015 and was remanded for additional development in both instances. Regrettably, an additional remand is warranted to obtain outstanding private treatment records.

The evidence shows the Veteran had a right total knee arthroplasty in February 2020 which the Veteran has been compensated for. However, VA treatment records shows the Veteran received private orthopedic care for his knees prior to the surgery and thereafter. However, these records have not been obtained and associated with the claims folder. 

As the records are relevant to the current severity of the Veteran’s bilateral knee disability, remand is warranted to retrieve these records.

The matters are REMANDED for the following action:

1. Obtain any outstanding VA treatment records and associate them with the claims folder.

2. Obtain any outstanding private treatment records related to the Veteran’s bilateral knee disabilities. The Veteran’s assistance should be requested as needed. All obtained records should be associated with the evidentiary record. If the AOJ cannot obtain records identified by the Veteran, a notation to that effect should be inserted in the file. The Veteran is to be notified of unsuccessful efforts in this regard, in order to allow him the opportunity to obtain and submit those records for VA review.

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3. After any outstanding records have been associated with the claims folder, further develop the claim to the extent necessary, to include providing a VA examination, if warranted.

4. Then, readjudicate the claims.

 

 

Z. SAHRAIE

Acting Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.