Citation Nr: 21028163 Decision Date: 05/10/21 Archive Date: 05/10/21 DOCKET NO. 19-03 313 DATE: May 10, 2021 REMANDED Entitlement to a rating in excess of 10 percent for right knee chondromalacia patella is remanded. Entitlement to a rating in excess of 10 percent for left knee chondromalacia patella is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is remanded. REASONS FOR REMAND The Veteran had active duty service in the Marine Corps from January 1999 to January 2007. This matter is before the Board of Veterans' Appeals (Board) following remands in April 2019 and October 2020. Unfortunately, an additional remand is required in this case. The Board finds that it must remand this issue for additional development. At the August 2014 VA examination, the Veteran reported that he suffered a right knee injury at work in November 2013, his right knee "popped" and became swollen. The Veteran reported that he had been on Workman's Compensation since the injury. Thus, the record indicates that there may be outstanding and relevant Workman's Compensation records. The record also includes an August 2016 Social Security Administration (SSA) decision finding the Veteran disabled under the SSA Act since November 14, 2013 and that the Veteran had severe impairments including right knee dysfunction (fat pad tear with fibrosis, hypertrophic synovium of the medial compartment, peroneal nerve injury, status post surgery). Information was also noted concerning his left knee. The record, however, does not include the medical and adjudicative records for that decision. Thus, the record indicates that there may be outstanding and relevant SSA records. In addition, it appears that the Veteran's complete private treatment records have not been obtained, to include from Kevin Collins, M.D. of the Hughston Clinic and Dr. Ward of Thomasville Pain Management Center. These records must be obtained on remand. Finally, in October 2020 the Board remanded the issue so that additional employment information could be obtained. Specifically, the Board noted that although the Veteran submitted a VA Form 21-8940, Veteran's Application for Increased Compensation Based on Unemployability in August 2018, it contained very little employment information. That same month, AOJ mailed the Veteran a letter in accordance with the Board's remand and provided a VA Form 21-8940. In December 2020, the AOJ received the application from the Veteran; however, it was incomplete as it was lacking the mailing addresses for the employers listed. That same month, the AOJ requested the missing information. To date, VA has not received a response. As the issue is being remanded for SSA records, the Veteran should be provided an additional opportunity to provide the addresses for his former employers listed on his VA Form 21-8940. The matters are REMANDED for the following action: 1. Obtain the Veteran's updated VA treatment records. 2. Make arrangements to obtain the Veteran's complete treatment records from Kevin Collins, M.D. of the Hughston Clinic and from Dr. Ward of Thomasville Pain Management Center, dated from July 2013 to the present. 3. Ask the Veteran to identify any and all non-VA medical care providers that he have treated him for his knees since July 2013. His complete treatment records should be obtained from these providers, if they are not already of record. 4. Send the Veteran a letter requesting the complete mailing addresses for employers listed on his VA Form 21-8040. 5. Obtain the Veteran's federal records from SSA, including all medical and adjudication records. Document all requests for information as well as all responses in the claims file. (Continued on the next page) 6. Ask the Veteran to complete a VA Form 21-4142 for all records related to any insurance settlements/ Workman's Compensation awards for a right knee injury that occurred in November 2013. Thereafter, request from all identified sources complete records of pertinent awards, settlements, and medical evaluations from all identified sources. 7. After the above has been completed, review the additional evidence obtained and make a determination as to whether any additional VA examinations are warranted. If so, schedule the Veteran for appropriate examination(s). P.M. DILORENZO Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Olson, Patricia 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.