Citation Nr: 21032256 Decision Date: 05/26/21 Archive Date: 05/26/21 DOCKET NO. 16-29 911 DATE: May 26, 2021 REMANDED Entitlement to service connection for a right knee and leg disability is remanded. Entitlement to service connection for a left knee and leg disability is remanded. Entitlement to service connection for a lower back disability is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Air Force from July 1968 to December 1970. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a December 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In December 2018, the Board issued a decision which reopened the Veteran's claims seeking service connection for right knee and leg disability, and left knee and leg disability. It then denied these reopened claims, as well as the Veteran's claim seeking service connection for a lower back disability. The Veteran timely appealed this denial to the Court of Appeals for Veterans Claims (Court). In September 2019, the Court granted a Joint Motion for Remand, which vacated the portion of the December 2018 Board decision addressing the reopened claims of service connection for right and left knee and leg disabilities, as well as the Veteran's claim seeking service connection for a lower back disability. In February 2020, the Board issued a decision denying the service connection claims for right knee and leg disability, left knee and leg disability, and lower back disability. The Veteran timely appealed this denial to the Court and in September 2020, the Court granted a Joint Motion for Remand, which vacated the February 2020 Board decision. 1. Entitlement to service connection for a right knee and right leg disability is remanded. 2. Entitlement to service connection for a left knee and left leg disability is remanded. 3. Entitlement to service connection for a lower back disability is remanded. As an initial matter, the Board notes that in the September 2020 Joint Motion for Remand, the parties agreed that there was ambiguity as to whether VA afforded the Veteran's claims due process of law. Specifically, the Board sent the Veteran a November 2019 letter informing him that his case had been returned to it and indicating that he had "the opportunity, if desired, to submit additional argument and/or evidence in support of [his] appeal before the Board proceed[ed] with readjudication" and that he had 90 days to submit such argument or evidence. This letter was not sent to the Veteran's current residence. The parties requested that the Court direct the Board, on remand, to attempt to ascertain the Veteran's correct current address, ensure that it properly notify him as to his ability to submit additional argument or evidence, and provide him with sufficient time to submit any such argument and evidence prior to readjudicating his claims. In January 2021, the Veteran's representative notified the Board of the Veteran's current address in Durham, North Carolina. Thereafter, in a February 2021 letter, the Board notified the Veteran of his ability to submit additional argument and/or evidence in support of his appeal and that he had 90 days to do so. As of present date, it has been more than 90 days since the Board sent the Veteran this notification letter. As such, the Board finds that issue identified in the September 2020 Joint Motion for Remand has been sufficiently addressed. In the January 2021 letter, the Veteran's representative referred to a letter by Alexandria Gibbons, FNP-C, dated August 7, 2017 and another letter by Cynthia McLemore, M.D., dated August 30, 2017 that would support the Veteran's claims. While the evidence of record shows that a letter from Cynthia McLemore, M.D., dated September 6, 2017 was submitted in November 2017, it does not show that these two other letters have been associated with the claims file. As such, a remand is warranted to obtain these outstanding medical records. The matters are REMANDED for the following action: Obtain the letters from Alexandria Gibbons, FNP-C, dated August 7, 2017 and from Cynthia McLemore, M.D. dated August 30, 2017 referenced in the January 2021 letter from the Veteran's representative, to include contacting the Veteran's representative to submit these letters. LESLEY A. REIN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board E. Ko, 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.