Citation Nr: 21028994 Decision Date: 05/12/21 Archive Date: 05/12/21 DOCKET NO. 14-29 095A DATE: May 12, 2021 REMANDED Entitlement to an increased disability rating in excess of 10 percent for the lumbar spine degenerative disc disease prior to September 16, 2020, and a rating in excess of 40 percent since, is remanded. Entitlement to an increased disability rating in excess of 20 percent for right knee patellofemoral syndrome and loose bodies with osteoarthritis, is remanded. REASONS FOR REMAND The Veteran had active duty service from June 1989 to October 2011. These matters come before the Board of Veterans' Appeals (Board) from a July 2012 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). Previously, the claims were before the Board in August 2020, and were remanded to obtain pending VA examinations. The Board finds that the prior remand directives have been substantially complied with, and these claims are again before the Board. See Stegall v. West, 11 Vet. App. 268, 271 (1998). 1. Entitlement to an increased disability rating in excess of 10 percent for the lumbar spine degenerative disc disease prior to September 16, 2020, and a rating in excess of 40 percent since is remanded. 2. Entitlement to an increased disability rating in excess of 20 percent for right knee patellofemoral syndrome and loose bodies with osteoarthritis is remanded. The Veteran contends that increased ratings are warranted for his service-connected lumbar spine degenerative disc disease and right knee disability. Regrettably, another remand is warranted. In August 2020, the Board remanded the Veteran's claims as there were pending VA examinations that could have impacted the outcome of the Veteran's claims. The claims were remanded to obtain all of the VA medical examination results. The outstanding examinations were obtained in September 2020 for both the back and the right knee. As a result of the September 2020 examination results, in a January 2021 rating decision, the Veteran's lumbar spine condition was increased to a 40 percent rating, effective September 16, 2020, and his right knee condition was increased to a 20 percent rating, effective November 1, 2011. These were considered partial grants for the claims on appeal. However, in March 2021 the Veteran filed a new increased rating claim for both his back and knee, although they were already on appeal. As a result, the RO again scheduled the Veteran for new examinations. As of March 30, 2021, the RO scheduled new VA examinations that included the Veteran's back and knee. Those examinations are still currently pending at this time. As the findings of the pending VA examinations may impact the outcome of the Veteran's claims for increased disability ratings, the claims must be remanded so that all VA medical examination results may be obtained. See 38 U.S.C. § 5103A(c); Bell v. Derwinski, 2 Vet. App. 611 (1992); Sullivan v. McDonald, 815 F.3d 786 (Fed. Cir. 2016). The matters are REMANDED for the following action: 1. The Agency of Original Jurisdiction (AOJ) must obtain a copy of the examination reports from the pending knee and back VA examinations. See March 2021 Exam Request. All records obtained must be associated with the Veteran's claims file. Since information received at those examinations may impact the pending IR claims, the RO should issue a new Supplemental Statement of the Case after completion of these examinations. However, if the RO determines that the examinations were scheduled in error, the RO should note this fact in the file, as well as alert the Veteran to the error and then the matter can simply be returned to the Board. A. J. Spector Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board E.Long-Ellis, 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.