Citation Nr: 21030612
Decision Date: 05/19/21	Archive Date: 05/19/21

DOCKET NO. 11-16 196
DATE: May 19, 2021

REMANDED

Entitlement to an increased rating higher than 20 percent for the service-connected thoracolumbar spine degenerative joint disease is remanded.

Entitlement to an initial rating higher than 10 percent for the service-connected cervical spine degenerative joint disease is remanded.

Entitlement to an increased rating higher than 10 percent for the service-connected right knee degenerative joint disease is remanded.

Entitlement to an increased rating higher than 10 percent for the service-connected left knee degenerative joint disease is remanded.

REASONS FOR REMAND

The Veteran had active service from August 1985 to August 1991, July 2004 to May 2005, and July 2007 to June 2010.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2010 rating decision. In August 2019, the Board remanded the matter for VA examinations that complied with VA case law. The Veteran did not show to these examinations nor provide good cause; accordingly, the Board finds that there was substantial compliance with the remand directives. 

Unfortunately, the Board finds that another remand remains necessary. In a May 2012 Statement in Support of Claim, as well as other correspondences, the Veteran stated he has been treated at Durham VAMC since June 2010. The available records in his file only date to June 2011, but include a computerized problem list reflecting diagnosis of "back ache" in September 2010, which seems to support the fact there was VA treatment in 2010. However, the claims file does not document any attempts to obtain the earlier records. Accordingly, a remand is necessary to obtain the Veteran's VA treatment records from June 2010 to June 2011. 

The matters are REMANDED for the following action:

1. Obtain the Veteran's Durham VAMC records dated from June 2010 to June 2011. 

2. Obtain the Veteran's Durham VAMC records dated from July 2020 to present.  

 

 

MICHELLE L. KANE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Lavan

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.