Citation Nr: 21015888
Decision Date: 03/18/21	Archive Date: 03/18/21

DOCKET NO. 20-16 413
DATE:  March 18, 2021

REMANDED

Entitlement to a rating in excess of 20 percent for left knee degenerative joint disease with meniscal tear is remanded.

Entitlement to a rating in excess of 20 percent for left knee instability is remanded.

Entitlement to a total disability rating based on individual unemployability due to service-connected disability (TDIU) is remanded. 

REASONS AND BASES FOR REMAND

The Veteran had active service from May 1968 to May 1970.

This case initially came before the Board of Veterans’ Appeals (Board) on appeal from an August 2018 rating decision issued by a Regional Office (RO) of the Department of Veterans Affairs (VA).

In July 2020, Board remanded the claims for additional development. The case has since been returned to the Board. 

The Board finds that additional development is necessary before the claims on appeal are decided.

Effective February 7, 2021, the rating criteria pertaining to musculoskeletal disabilities were revised. See 85 Fed. Reg. 76453, 76463 (Nov. 30, 2020).

Although the Veteran’s left knee disability was examined in March 2018, August 2019, and October 2020, those examination reports do not include findings that address the revised rating criteria. Therefore, the Board finds that a remand is necessary for an additional VA examination.

The claim for a TDIU is inextricably intertwined with the claims remanded herein. Action on that issue is therefore deferred.

Finally, any current outstanding VA and private treatment records should be obtained. 

The matters are REMANDED for the following action:

1. Identify and obtain any pertinent, outstanding VA and private treatment records and associate them with the claims file. 

2. Then, schedule the Veteran for an appropriate VA examination to determine the current level of severity of all impairment resulting from his service-connected left knee disabilities. All indicated tests should be performed and all findings should be reported in detail. The examiner should provide all information required for rating purposes, to specifically include findings addressing the revised rating criteria for musculoskeletal disabilities. See 85 Fed. Reg. 76453, 76463 (Nov. 30, 2020).

The examiner must indicate whether there is unrepaired or failed repair of complete ligament tear causing peristent instability, and whether a medical provider has prescribed both an assistive device (e.g., cane(s), crutch(es), walker) and bracing for ambulation.

3. Confirm that the VA examination report and all opinions provided comport with this remand and undertake any other development found to be warranted. 

4. Then, readjudicate the issues remaining on appeal. If a decision is adverse to the Veteran, issue a supplemental statement of the case and allow appropriate time for response. Then, return the case to the Board.

 

 

Kristin Haddock

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S. Mishalanie

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.