Citation Nr: 22017677
Decision Date: 03/25/22	Archive Date: 03/25/22

DOCKET NO. 16-44 361
DATE: March 25, 2022

REMANDED

Entitlement to a disability rating in excess of 30 percent for right knee total replacement prior to June 17, 2021 (exclusive of a temporary 100 percent evaluation from May 22, 2014, to June 30, 2015), and in excess of 60 percent thereafter, is remanded.

Entitlement to an initial compensable disability rating for a right knee scar associated with right knee total replacement prior to June 17, 2021, and in excess of 10 percent thereafter, is remanded.

Entitlement to an initial compensable disability rating for left knee scar associated with left knee total replacement prior to June 17, 2021, and in excess of 10 percent thereafter, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 1972 to October 1995.

These matters come to the Board of Veterans' Appeals (Board) on appeal from a January 2013 rating decision which assigned a 30 percent evaluation for the Veteran's right knee disability following a total knee replacement and granted service connection for right and left knee scars associated with bilateral knee total replacements, each evaluated as noncompensable.  The Veteran filed a timely notice of disagreement with the ratings assigned. 

In a January 2015 rating decision, VA granted a temporary 100 evaluation for the Veteran's right knee total replacement based on surgical treatment necessitating convalescence, effective May 22, 2014, and continued a 30 percent evaluation from July 1, 2015.  In a July 2021 rating decision, VA granted an increased 60 percent evaluation for the Veteran's right knee total replacement, effective June 17, 2021, and granted increased 10 percent evaluations each for the right and left knee scars associated with his bilateral knee replacements. 

As the Veteran did not indicate satisfaction with this disability ratings assigned, the issues remain on appeal. AB v. Brown, 6 Vet. App. 35, 39 (1993) (a veteran is presumed to be seeking the maximum possible rating unless he indicates otherwise).

1. Entitlement to a disability rating in excess of 30 percent for right knee total replacement prior to June 17, 2021 (exclusive of a temporary 100 percent evaluation from May 22, 2014, to June 30, 2015), and in excess of 60 percent thereafter, is remanded.

2. Entitlement to an initial compensable disability rating for a right knee scar associated with right knee total replacement prior to June 17, 2021, and in excess of 10 percent thereafter, is remanded.

3. Entitlement to an initial compensable disability rating for left knee scar associated with left knee total replacement prior to June 17, 2021, and in excess of 10 percent thereafter, is remanded.

In May 2021, the Board remanded the claims to obtain outstanding VA treatment records and VA examinations to assess the severity of the Veteran's disabilities.  Although VA examinations were obtained in June 2021, VA did not obtain the Veteran's outstanding VA treatment records.  A remand is necessary to obtain these records.  Stegall v. West, 11 Vet. App. 268, 271 (1998).   

The matters are REMANDED for the following actions:

1. Obtain the Veteran's VA treatment records from August 2016 to the present.

2. After completing the above, and any other development as may be indicated, the Veteran's claims should be readjudicated based on the entirety of the evidence.  If the claims remain denied, the Veteran and his representative should be issued a supplemental statement of the case (SSOC).  An appropriate period of time should be allowed for response.  Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order. 

 

 

Stephanie M. Owen

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Kovacs, 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.