17-16 578
17-16 578
| Board of Vet. App. | Sep 25, 2017Background
- Veteran served Dec 1957–Dec 1959 and Oct 1961–Apr 1962 and appeals a VA RO rating decision from San Diego concerning his left knee.
- He seeks an increased rating, specifically restoration of a 20% rating for osteoarthritis status post arthroscopy.
- VA treatment records reference care by Dr. Panse and additional private treatment in early 2017 that are not yet in the claims file.
- The appeal was advanced on the Board's docket and expedited handling was requested.
- The Board did not decide the merits; it ordered remand for development to obtain outstanding VA and private medical records and for readjudication by the RO.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to increased rating for left knee (restore 20% for osteoarthritis post‑arthroscopy) | Veteran contends he is entitled to restoration of a 20% rating and that additional medical records support his claim | VA/RO notes missing treatment records (Dr. Panse, private 2017 care) and requests development before deciding the claim | Remanded to obtain outstanding VA and private records, readjudicate, issue SSOC if any benefit not granted, and notify Veteran; claim expedited |
Key Cases Cited
- Kutscherousky v. West, 12 Vet. App. 369 (1999) (remand permits claimant to submit additional evidence and argument)