Citation Nr: 1804976 Decision Date: 01/25/18 Archive Date: 02/05/18 DOCKET NO. 14-23 145 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Waco, Texas THE ISSUE 1. Entitlement to an evaluation in excess of 10 percent for left knee plica with degenerative joint disease, status post arthroscopic medial partial meniscectomy with residual scar. REPRESENTATION Veteran represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL The Veteran and his spouse ATTORNEY FOR THE BOARD C. O'Donnell, Associate Counsel INTRODUCTION The Veteran served on active duty in the United States Army from August 1982 to February 1989. This case comes before the Board of Veterans' Appeals (Board) on appeal from an August 2011 decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Waco, Texas. In March 2017 the Veteran testified before the undersigned at a video-conference Board hearing. A transcript of the hearing is associated with the claims file. This claim was remanded for further development by the Board in December 2016. That development has been completed and the case has since been returned to the Board for appellate review. The appeal is REMANDED to the AOJ. VA will notify the Veteran if further action is required. REMAND At his March 2017 hearing before the Board, the Veteran asserted that his service-connected left knee disability has worsened since his February 2015 VA examination. When a claimant asserts that the severity of a disability has increased since the most recent rating examination, an additional examination is appropriate. See VAOPGCPREC 11-95 (April 7, 1995); see also Snuffer v. Gober, 10 Vet. App. 400 (1997). Thus, the Board finds that another VA examination is needed to ascertain the current severity and manifestations of the Veteran's service-connected left knee plica with degenerative joint disease, status post arthroscopic medial partial meniscectomy with residual scar. Accordingly, the case is REMANDED for the following action: 1. Schedule the Veteran for a VA examination to assess the severity of his service-connected left knee disability. Any and all studies, tests, and evaluations deemed necessary by the examiner should be performed. The claims file and a copy of this REMAND must be made available to the examiner for review in conjunction with the examination. The examiner is requested to review all pertinent records associated with the claims file, including the Veteran's service treatment and personnel records, post-service medical records, prior VA examination reports, and lay statements and assertions. Also, the examiner should specifically address the Veteran's assertions that he had experienced left knee locking, popping, snapping, clicking, and increased instability. The examiner should specifically test the range of motion for pain for the left knee in active motion, passive motion, weight-bearing, and nonweight-bearing. The opposite joint (right knee) should also be tested if that joint has no demonstrated abnormalities. Any additional limitations due to pain or other factors should be set forth. If the examiner is unable to conduct the required testing or concludes that the required testing is not necessary in this case, he or she should clearly explain why that is so. With regard to range of motion testing, the examiner should report at what point (in degrees) pain is elicited as well as whether there is any other functional loss due to weakened movement, excess fatigability or incoordination. These determinations must be expressed in terms of the additional limitation of motion in approximate degrees due to each functional factor that is present. The examiner should report on whether there is functional loss due to limited strength, speed, coordination or endurance. The examiner should also estimate any additional loss of function during periods of flare-up, expressed in degrees of lost motion. Such estimate can be based on the Veteran's description of his limitations during such periods, so that an estimate should be provided, if at all possible, even in the absence of direct observation by the examiner. The examiner is advised that the Veteran is competent to report limitation during flare-ups. The examiner should also provide an opinion concerning the impact of the Veteran's left knee disability on his occupational functioning. The examiner should describe the types of limitations the Veteran experiences as a result of his service-connected left knee disability. The examiner is advised that the Veteran is competent to report his symptoms and history, and such reports must be specifically acknowledged and considered in formulating any opinions. A clear rationale for all opinions would be helpful and a discussion of the facts and medical principles involved would be of considerable assistance to the Board. As it is important "that each disability be viewed in relation to its history[,]" 38 C.F.R. § 4.1, copies of all pertinent records in the Veteran's claims file, or, in the alternative, the entire claims file, must be made available to the examiner for review. 2. In the event that the Veteran does not report for the scheduled examination, documentation should be obtained which shows that notice scheduling the examination was sent to the Veteran's last known address and to his representative, if applicable. It should also be indicated whether any notice sent was returned as undeliverable. 3. After completing the above actions and any other development as may be indicated as a consequence of the actions taken in the preceding paragraphs, the case should be readjudicated by the AOJ on the basis of additional evidence. If the benefit sought is not granted, the Veteran and his representative should be furnished an SSOC and be afforded a reasonable opportunity to respond before the record is returned to the Board for further review. The Veteran 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 2014). _________________________________________________ ANTHONY C. SCIRÉ, JR. Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2014), 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) (2017).