Citation Nr: 1306550 Decision Date: 02/26/13 Archive Date: 03/01/13 DOCKET NO. 11-18 904 ) DATE ) ) On appeal from the Department of Veterans Affairs (VA) Regional Office in Cleveland, Ohio THE ISSUES 1. Entitlement to a rating in excess of 10 percent for a residuals of right knee injury, osteoarthritis and scar. 2. Entitlement to service connection for a left knee disorder, including as secondary to the right knee disability. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD M. Turner, Counsel INTRODUCTION The Veteran served on active duty for training from August 1979 to November 1979. This matter comes before the Board of Veterans' Appeals (Board) on an appeal from a rating decision issued by the Regional Office (RO) in Cleveland, Ohio. The Veteran testified before the undersigned Veterans Law Judge at an August 2012 hearing. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the appellant if further action is required. REMAND The Veteran contends that his right knee disability is worse than is contemplated by the currently assigned 10 percent rating. He also contends that he developed left knee problems as a result of the right knee disability. The Veteran's knees were examined in August 2010. At his hearing in August 2012, the Veteran testified to continuing problems with instability of the knee and giving way. He reported almost daily giving way. He testified that he had trouble climbing stairs, walking, and sitting. He testified his active range of motion of the right knee was only 10 to 15 degrees although range of motion of 0-90 degrees was documented on the August 2010 examination. The examiner also determined at that time that the Veteran's right knee was stable. The Veteran has testified to additional symptoms which were not documented on the August 2010 examination. Therefore, he should be afforded another examination to demonstrate the current severity of the right knee disability. The Veteran's left knee was also examined in August 2010, with a negative opinion as to causation of current osteoarthritis. However, the examiner did not indicate whether the Veteran's left knee problems were aggravated by the current right knee disability. Notably, the examiner wrote that the Veteran's right knee problem was not so severe in the past as to cause the development of osteoarthritis, but he did not address whether currently an altered gait or other factors related to the right knee aggravate the Veteran's left knee arthritis. The Veteran testified that his current doctors told him that the right knee could be responsible in part for the current left knee pain. Accordingly, the case is REMANDED for the following action: 1. Afford the Veteran a VA orthopedic examination to determine the current severity of the right knee disability. All symptoms and functional effects of the right knee disability should be fully documented, including range of motion and any objective indications of instability. The examiner should also indicate whether it is at least as likely as not (at least 50 percent likely) that the Veteran's left knee arthritis is aggravated by his right knee disability. A complete rationale for all conclusions expressed should be provided. If the examiner cannot answer the requested question without resort to undue speculation, then he or she should explain why that is the case. 2. After completion of the above development, the Veteran's claims should be re-adjudicated. If the determinations remain unfavorable, or less than fully favorable, to the Veteran, he and his representative should be provided with a supplemental statement of the case (SSOC) and given an opportunity to respond thereto. Thereafter, if necessary, the case should be returned to the Board for appellate disposition. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2012). _________________________________________________ H. N. SCHWARTZ Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (2012).