Citation Nr: 21021194
Decision Date: 04/12/21	Archive Date: 04/12/21

DOCKET NO. 13-23 854
DATE: April 12, 2021

REMANDED

Entitlement to a rating in excess of 10 percent for degenerative change of the left knee is remanded.

Entitlement to a rating in excess of 10 percent for rheumatoid arthritis of the left hip is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1989 to October 1989.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a February 2011 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).  In March 2017, the Veteran testified at a hearing before the undersigned.

This matter was previously remanded by the Board in August 2017 and December 2019.  The case has been returned to the Board at this time for further appellate review.

VA developed new, pertinent evidence regarding the issues of entitlement to increased ratings for a left knee disability and a left hip disability after the issuance of a July 2020 supplemental statement of the case.  Specifically, the Veteran was afforded VA knee and hip examinations in September 2020.  Thus, the evidence must be referred to the AOJ for initial consideration to ensure the Veteran is afforded due process.  38 C.F.R. § 19.31(b).

The matters are REMANDED for the following action:

Issue a supplemental statement of the case that considers all the relevant evidence of record associated with the claims file after the July 2020 SSOC.  Then, return the matter to the Board, if otherwise in order.

 

 

M. HYLAND

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.