Citation Nr: 21029921 Decision Date: 05/17/21 Archive Date: 05/17/21 DOCKET NO. 15-16 048 DATE: May 17, 2021 REMANDED Entitlement to a disability rating greater than 10 percent for lumbosacral disc disease (excluding December 7, 2012 through February 28, 2013 and January 24, 2014 through March 31, 2014, when the Veteran was awarded temporary total disability ratings for surgeries necessitating convalescence) is remanded. Entitlement to a disability rating greater than 10 percent for left knee torn meniscus repair with traumatic arthritis prior to June 5, 2017, and greater than 30 percent from September 1, 2018 for total left knee arthroplasty residuals (but excluding June 5, 2017 through August 31, 2018, when the Veteran was awarded a total scheduler rating for the total left knee arthroplasty) is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1983 through December 2003. He testified before the undersigned Veterans Law Judge during a February 2017 Travel Board hearing and a transcript is of record. The appeal was remanded in October 2019. Initially, the Board notes that the RO granted service connection for obstructive sleep apnea (OSA) on remand, with 50 percent rating, effective March 8, 2011. In this case, the Veteran has not disputed either the effective date for the award of service connection or the rating assigned for this condition. Thus, this issue is not before the Board. See Grantham v Brown, 114 F. 3d 1156 (Fed Cir 1997). The Board remanded, in part, for obtaining all inpatient and outpatient treatment records from Eglin AFB medical facilities since November 2012, and to document all attempts to obtain these records, including any negative responses, and notify the Veteran and his representative accordingly. Having reviewed the file, the Board finds there has not been substantial compliance with the remand directives. See Stegall v. West, 11 Vet. App. 268, 271 (1998). Although voluminous private treatment records were obtained since the Board remand, none of them seem to include the identified records from Eglin AFB. There is also no evidence showing that RO ever requested or obtained the identified records. A Supplemental Statement of the Case (SSOC) issued post-Board remand lists "review of joint legacy reviewer (JLV) government facility treatment for the periods of 5/7/10-2/18/20," but it is not clear what evidence the RO is referring to. If the RO's review showed records existed, it appears none of the records were actually downloaded into the file, or, alternatively, if the "review" showed no records were available, this was not documented in the file. In light of these findings, the Board regrettably finds another remand is required for obtaining the aforementioned records. VA is on notice of outstanding government treatment records, and attempts must be made to obtain them unless it is determined they do not exist or are otherwise unavailable. Furthermore, if such a finding is made, the Veteran must be notified of this, so that he can have an opportunity to try to obtain and submit records. These matters are REMANDED for the following action: Obtain all inpatient and outpatient treatment records from Eglin AFB medical facilities since November 2012 to present. If the records are not available in the Joint Legacy Reviewer, then contact Eglin AFB directly. Document all attempts to obtain these records, including any negative responses, and notify the Veteran and his representative accordingly. MICHELLE L. KANE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Lee 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.