Citation Nr: 21029906 Decision Date: 05/17/21 Archive Date: 05/17/21 DOCKET NO. 13-19 148 DATE: May 17, 2021 REMANDED Entitlement to a rating in excess of 10 percent for left knee degenerative arthritis is remanded. Entitlement to a rating in excess of 10 percent for right knee degenerative arthritis is remanded. Entitlement to a rating in excess of 20 percent for left knee instability and subluxation is remanded. Entitlement to a rating in excess of 20 percent for right knee instability and subluxation is remanded. Entitlement to a compensable rating for right knee scars is remanded. Entitlement to a rating in excess of 10 percent for a painful right knee scar is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1985 to March 1986, from July 1988 to January 1989, and from April 2009 to March 2010. These claims are on appeal from a March 2013 rating decision. The Veteran testified at a hearing before the Board in October 2015. The Veterans Law Judge (VLJ) who held that hearing is no longer employed by the Board. In January 2021, the Board sent the Veteran a letter offering him the opportunity to request another optional Board hearing before a VLJ who would decide his case. The Veteran did not respond to that letter; therefore, his case has been reassigned to the undersigned VLJ for a decision. See 38 C.F.R. § 19.3(b). In November 2019, the Board remanded the Veteran's claims for increased ratings for his bilateral knees (at the time, each separately rated as 10 percent disabling under Diagnostic Code 5260, which contemplates limitation of flexion). In a June 2020 rating decision, the AOJ granted service connection for painful scarring of the right lower extremity rated as 10 percent disabling and scars of the right lower extremity rated as noncompensable, both effective January 27, 2020. In an August 2020 rating decision, the AOJ granted service connection for right knee instability and subluxation and left knee instability and subluxation, both effective January 27, 2020. These claims for increased ratings based on instability/subluxation of the knees and knee scars are part and parcel of the Veteran's initial claim for an increased rating for his bilateral knees, and therefore are now also properly before the Board. Although the Board regrets the additional delay, a remand is required for additional development and readjudication. A December 2018 Social Security Administration (SSA) inquiry reflects that the Veteran is in receipt of SSA disability benefits. The Veteran's treatment records and examination reports during the appeal period indicate he had significant difficulty with his knees at work and that he was participating in vocational training to become a paraprofessional (assisting students with disabilities), which he was able to achieve. There have been no attempts to obtain any SSA records; given that they may be relevant to the Veteran's claim, this must be accomplished on remand. See Murincsak v. Derwinski, 2 Vet. App. 363 (1992). Further, it is unclear whether the vocational rehabilitation the Veteran participated in was through VA or SSA. Thus, the AOJ should attempt to obtain any VA vocational rehabilitation records. While this case is in remand status, all outstanding VA treatment records must be obtained and associated with the evidence of record before the Board. The Veteran and his representative have the right to submit additional evidence and argument on these matters while they are in remand status. The matters are REMANDED for the following action: 1. Attempt to obtain the Veteran's relevant Social Security Administration (SSA) disability benefit records AND VA vocational rehabilitation records. All attempts to obtain these records must be made in accordance with VA regulation. If any of these records are unavailable, do not exist, or it is determined that further attempts to obtain them would be futile, prepare a memorandum of unavailability outlining all steps taken to attempt to obtain them and associate it with the evidence of record. 2. Obtain all outstanding VA treatment records and associate them with the evidence of record before the Board. Jennifer White Veterans Law Judge Board of Veterans' Appeals Attorney for the Board O'Connell, Jessica L. 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.