Citation Nr: 22017542
Decision Date: 03/25/22	Archive Date: 03/25/22

DOCKET NO. 17-05 418
DATE: March 25, 2022

REMANDED

Entitlement to an evaluation in excess of 10 percent for postoperative patellofemoral pain syndrome of the left knee is remanded.  

REASONS FOR REMAND

The Veteran served on active duty from January 1989 to January 1992.  

This case initially came before the Board of Veterans' Appeals (Board) on appeal from a March 2015 rating decision issued by the Department of Veterans Affairs (VA).  

The Veteran testified at a hearing before the undersigned Veterans Law Judge in May 2019.  A transcript is of record.  

The Board remanded the case for further development in August 2019.  That development was completed, and the case has since been returned to the Board for appellate review.  

In a February 2022 letter, the Board notified the Veteran that additional evidence, including VA treatment records and a VA examination report, had been associated with the claims file since the issue was most recently adjudicated in an August 2020 supplemental statement of the case (SSOC).  The Veteran was advised that he had the right to request that the Agency of Original Jurisdiction (AOJ) review the additional evidence.  The Board explained that, if the Veteran did not respond in 45 days from the date of the letter, it would assume that he did not wish to have the Board decide his appeal at that time and that the case would be remanded to the AOJ for review of the evidence.  The Veteran and his representative did not reply to that letter.  Therefore, the case must be remanded, as the automatic waiver provision does not apply for evidence obtained by VA.  

The matters are REMANDED for the following action:

The case should be reviewed by the AOJ on the basis of additional evidence, including all evidence received since the August 2020 SSOC.  

If the benefit sought is not granted, the Veteran and his attorney should be furnished an SSOC and be afforded a reasonable opportunity to respond before the record is returned to the Board for further review.  

 

 

J.W. ZISSIMOS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. Kuczynski, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.