Andrews v. McDonough, No. 19-3227(Argued February 24, 2021 Decided May 28, 2021); Veterans AppealsImprovement and Modernization Act of 2017 (AMA); under the AMA the record in appellant’s case is limited to the evidence of record at the time of the agency of original jurisdiction (AOJ) decision, Kutscherousky and Fletcher do not apply as far as they allow for submission of additional evidence or require the Board to independently develop a claim;

UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
No. 19-3227
WENDELL ANDREWS, APPELLANT,
V.
DENIS MCDONOUGH,
SECRETARY OF VETERANS AFFAIRS, APPELLEE.
On Appeal from the Board of Veterans’ Appeals
(Argued February 24, 2021 Decided May 28, 2021)
Richard V. Spataro, with whom Alexis M. Ivory and Barton F. Stichman, all of
Washington, D.C., were on the brief for the appellant.
Jonathan G. Scruggs, with whom William A. Hudson, General Counsel; Mary Ann Flynn,
Chief Counsel; and Sarah W. Fusina, Deputy Chief Counsel, all of Washington, D.C., were on the
brief for the appellee.
Before GREENBERG, FALVEY, and LAURER, Judges.
LAURER, Judge: United Sates Marine Corps veteran Wendell Andrews appeals, through
counsel, a January 17, 2019, Board of Veterans’ Appeals (Board) decision denying entitlement to
a rating above 10% for chondromalacia of the right patella with degenerative joint disease (DJD)
and a rating above 10% for DJD of the left knee.1 The parties agree that we should set aside and
remand the Board decision. They disagree about whether we should instruct the Board that its
obligations on remand are governed by Kutscherousky v. West2 and Fletcher v. Derwinski.3 The
parties’ dispute stems from changes to VA’s claim process enacted in the Veterans Appeals
Improvement and Modernization Act of 2017 (AMA)4 and its implementing regulations
. As
1 The Board granted service connection for bilateral pes planus, and we will not disturb that favorable finding
of fact. See Medrano v. Nicholson, 21 Vet.App. 165, 170-71 (2007) (noting that the Court cannot reverse the Board’s
favorable findings of fact). The Board also remanded the matters of service connection for hip and back disabilities;
we will not address those