Citation Nr: 21041976
Decision Date: 07/10/21	Archive Date: 07/10/21

DOCKET NO. 14-07 225A
DATE: July 10, 2021

REMANDED

Entitlement to service connection for a left knee disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Navy from April 1980 to March 1988.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2011 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). 

In February 2018, the Veteran testified at a Board hearing.  The Veterans Law Judge (VLJ) that conducted the hearing is no longer employed by the Board.  A transcript is of record.  In April 2021, the Veteran waived any remaining time to submit additional evidence or argument, requesting a remand to the Agency of Original Jurisdiction (AOJ).   

The Board denied the claim in its May 2018 decision.  The Veteran subsequently appealed this determination to the United States Court of Appeals for Veterans Claims (Court).  In a May 2019 granted Joint Motion for Remand, the Court vacated and remanded the issue back to the Board for an action consistent with the terms of the Joint Motion.  The Board again denied the claim in its September 2019 decision.  The Veteran subsequently appealed this determination to the Court.  In a November 2020 Memorandum Decision, the Court vacated and remanded the issue back to the Board for an action consistent with the terms of the Decision.  

Entitlement to service connection for a left knee disability.

Since an April 2016 Supplemental Statement of the Case (SSOC), additional VA records were added to the claims file.  There is no new SSOC addressing this evidence.  The Veteran was sent a letter notifying him that he had a right to have the AOJ consider any new evidence, and it informed him that he could waive AOJ consideration of additional evidence by providing a signed waiver.  In April 2021, the VA received an Additional Evidence Response Form completed by the Veteran which expressly requests that the Board remand this matter back to the AOJ for review of the additional evidence added to the record since the most recent SSOC.  Therefore, pursuant to the Veteran's wishes, this claim must be remanded so that an SSOC addressing the additional evidence may be issued.  See 38 C.F.R. §§ 19.31, 19.37.

The matter is REMANDED for the following action:

After conducting any development deemed appropriate, e.g., obtaining an adequate medical opinion addressing the etiology of the Veteran's left knee disorder to include complaints of continuity of symptoms since service, if necessary, readjudicate the issue of entitlement to service connection for left knee disability in light of all the additional evidence added to the record since the April 2016 SSOC.  The Veteran and his representative should be provided an SSOC. An appropriate period of time should be allowed for response before the case is returned to the Board.

 

The Veteran need take no action until otherwise notified, but he may furnish additional evidence and/or argument during the appropriate time frame. See Kutscherousky v. West, 12 Vet. App. 369 (1999).

 

 

C. CRAWFORD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Kuzniar, 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.