http://www.va.gov/vetapp16/Files4/1630491.

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Citation Nr: 1630491
Decision Date: 07/29/16
DOCKET NO.
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)

Archive Date: 08/04/16

06-01 256 ) DATE

On appeal from the

Department of Veterans Affairs Regional Office in Columbia, South Carolina
THE ISSUE

Entitlement to an initial evaluation in excess of 10 percent for the servic

REPRESENTATION
Appellant represented by: Disabled American Veterans
WITNESSES AT HEARINGS ON APPEAL
The Veteran and his spouse
ATTORNEY FOR THE BOARD
M. L. Marcum, Associate Counsel
INTRODUCTION
The Veteran served on active duty in the United States Army from September

In December 2009, the Veteran presented testimony at a Board videoconferenc

Subsequently, the Veteran requested to have the prior decision vacated and

In April 2016, the Veteran was notified that the VLJ who presided at his Bo
REMAND

Following its review of the record, the Board has determined that further a
In May 2015, the Veteran underwent a VA knee examination.

Regarding the Ve

In a recent decision, the U. S. Court of Appeals for Veterans Claims (Court

In this case, the May 2015 VA examiner noted that there was evidence of pai

Under these circumstances, the Veteran must be afforded a new VA examinatio

Accordingly, this case is REMANDED to the RO or the Appeals Management Cent

1.

The RO or the AMC should undertake appropriate development to obtain an

2.

Thereafter, the Veteran should be afforded a VA examination by an appro

The RO or the AMC should ensure that the examiner provides all information
3.

The RO or the AMC should also undertake any other development it determ

4.

Thereafter, the RO or the AMC should readjudicate the issue on appeal.

By this remand, the Board intimates no opinion as to any final outcome warr
The Veteran need take no action until he is otherwise notified, but he may
This REMAND must be afforded expeditious treatment.

The law requires that

_________________________________________________
Shane A. Durkin
Veterans Law Judge, Board of Veterans' Appeals

Under 38 U.S.C.A. 7252 (West 2014), only a decision of the Board of Vete