Citation Nr: 21028760
Decision Date: 05/12/21	Archive Date: 05/12/21

DOCKET NO. 16-30 420
DATE: May 12, 2021

REMANDED

Entitlement to a rating in excess of 10 percent prior to June 3, 2014, and in excess of 20 percent thereafter, for residuals, ligation and stripping, left greater saphenous vein and excision of multiple lower leg varicosities is remanded.

Entitlement to a rating greater than 30 percent for right knee arthritis is remanded.

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

Entitlement to a compensable rating prior to May 6, 2015, and in excess of 20 percent thereafter, for right knee instability is remanded.

Entitlement to a total disability rating based upon individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from April 1977 to February 1980. 

This claim was most recently before the Board in December 2018 when it was remanded for additional development. There has not been substantial compliance with the remand directives and another remand is required. Stegall v. West, 11 Vet. App. 268 (1998). The Board remanded the above issues, in part, to obtain the Veteran's vocational rehabilitation records. While an August 2020 Supplemental Statement of the Case notes that these records were received on August 12, 2019, a review of the claims file does not show any vocational rehabilitation records were incorporated to the Veteran's claims folder. An April 2020 email from a veteran service representative requesting the contents of the Veteran's vocational rehabilitation records indicates that this development was never completed.  

As the contents of the Veteran's vocational rehabilitation records are potentially relevant in evaluating the above claims, remand is needed of the issues until these records can be associated with the Veteran's claims folder.

The matters are REMANDED for the following action:

1. Obtain the Veteran's vocational rehabilitation records and associate them with his claims folder. 

2. After the above development, and any additionally indicated development, has been completed, readjudicate the issues on appeal.  If the benefit sought is not granted to the Veteran's satisfaction, send the Veteran and his representative a Supplemental Statement of the Case and provide an opportunity to respond.  If necessary, return the case to the Board for further appellate review. 

 

J. Komperda

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. G. Perkins, 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.