Citation Nr: 21028921 Decision Date: 05/12/21 Archive Date: 05/12/21 DOCKET NO. 08-03 904 DATE: May 12, 2021 REMANDED A disability rating greater than 20 percent for recurrent dislocation of the left knee is remanded. A disability rating greater than 10 percent for arthritis due to limitation of extension off the left knee is remanded. An effective date earlier than August 28, 2007, for grant of service connection for arthritis due to limitation of extension of the left knee is remanded. REASONS FOR REMAND The Veteran had active service from April 1990 to April 1994, including in the southwest Asia theater of operations in the Persian Gulf War. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2006 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Montgomery, Alabama, which assigned, in pertinent part, a 20 percent rating effective July 1, 2005, for the Veteran's service-connected recurrent dislocation of the left knee. In June 2010, the Veteran testified before the undersigned Veterans Law Judge at Travel Board hearing. A transcript of this proceeding has been associated with the claims file. In December 2010, the Board remanded this matter to the Agency of Original Jurisdiction (AOJ) for additional development. In a November 2012 rating decision, the RO assigned a separate 10 percent rating effective January 28, 2012, for service-connected arthritis due to limitation of extension of the left knee. In November 2013, the Board denied the Veteran's increased rating claims for recurrent dislocation of the left knee and for arthritis due to limitation of extension of the left knee. The Board also found that August 28, 2007, was the appropriate effective date for a separate 10 percent rating for service-connected arthritis due to limitation of extension of the left knee. The Veteran, through an attorney, and VA's Office of General Counsel, appealed the Board's November 2013 decision to the United States Court of Appeals for Veterans Claims (Court) by filing a Joint Motion for Partial Remand (First Joint Motion). The Court granted the First Joint Motion in August 2014, vacating and remanding that part of the Board's November 2013 decision which denied increased ratings for recurrent dislocation of the left knee and for arthritis due to limitation of extension of the left knee and denied an earlier effective date than August 28, 2007, for a grant of service connection for limitation of extension of the left knee. In March 2015, the Board remanded all three of the Veteran's currently appealed claims to the AOJ for additional development. In May 2016, the Board denied all three of the Veteran's currently appealed claims. The Veteran, through an attorney, and VA's Office of General Counsel, again appealed the Board's decision to the Court by filing a Joint Motion (Second Joint Motion). The Court granted the Second Joint Motion in November 2016. In March 2017 and November 2018, the Board remanded all three of the Veteran's currently appealed claims to the AOJ for additional development. Regrettably, the Board finds that a remand is again required. In particular, the AOJ has undertaken development pursuant to the Board's prior remand directives, but has not issued a Supplemental Statement of the Case. Since an SSOC which addresses all of the pertinent evidence has not been provided to the Veteran, the claims must be returned to the AOJ so that such a document may be issued. The failure to issue an SSOC to provide consideration of the ongoing claims constitutes a failure to comply with procedural due process. See 38 C.F.R. §§ 19.31, 19.37. The matters are REMANDED for the following action: After ensuring completion of all prior remand directives, issue a Supplemental Statement of the Case. L. M. BARNARD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A.Z., 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.