Citation Nr: 18140957 Decision Date: 10/09/18 Archive Date: 10/09/18 DOCKET NO. 08-21 865 DATE: October 9, 2018 REMANDED Entitlement to an evaluation in excess of 10 percent for a right knee medial meniscus tear and osteoarthritis is remanded. Entitlement to a disability evaluation in excess of 20 percent for dislocation of the right (major) shoulder (right shoulder disability) prior to October 18, 2011, and to an evaluation in excess of 40 percent thereafter is remanded. Entitlement to an evaluation in excess of 10 percent for hypertension is remanded. REASONS FOR REMAND The Veteran had active service from February 1970 to December 1971. These matters are before the Board of Veterans’ Appeals (Board) on appeal from a rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). This case was before the Board in July 2017, when it was remanded to provide the Veteran his requested Board hearing. In October 2017, the Veteran testified before the undersigned Veterans Law Judge (VLJ) at a Travel Board hearing. A transcript of his testimony is of record. The Board notes that the issue of entitlement to a total rating based upon individual unemployability due to service-connected disabilities (TDIU) was remanded by the Board for additional development in June 2016. That development has not yet been completed. Thus, this issue remains under the jurisdiction of the RO, and will be addressed by the Board in a subsequent decision, as necessary. 1. Entitlement to an evaluation in excess of 10 percent for a right knee medial meniscus tear and osteoarthritis is remanded. 2. Entitlement to a disability evaluation in excess of 20 percent for dislocation of the right (major) shoulder prior to October 18, 2011, and to an evaluation in excess of 40 percent thereafter is remanded. 3. Entitlement to an evaluation in excess of 10 percent for hypertension is remanded. The Veteran’s last VA examinations for his right knee medial meniscus tear and osteoarthritis and right shoulder disability were in October 2011. In a May 2015 statement, the Veteran indicated that his knee and shoulder disabilities had worsened. While the Board acknowledges that the Veteran was provided VA knee and shoulder examinations in July 2015, the examinations reports do not contain range of motion findings for the Veteran’s right shoulder and right knee. In light of the Veteran’s assertion of worsening and the significant passage of time since his last examinations, the Board finds that contemporaneous right shoulder and right knee VA examinations are warranted. The Veteran is advised that his failure to cooperate fully during a scheduled VA examination could result in an adverse determination. See 38 C.F.R. § 3.655 (2018). The Veteran’s last VA hypertension examination was in October 2011. At that time, his diastolic blood pressure readings were all below 100. At his hearing, the Veteran testified that his diastolic blood pressure readings were now consistently over 100. Accordingly, a contemporaneous VA hypertension examination is warranted. Finally, the record indicates that the Veteran receives ongoing VA treatment. Accordingly, on remand any updated VA medical records must be associated with the claims file. The matters are REMANDED for the following actions: 1. Ask the Veteran to provide the names and addresses of all medical care providers who have recently treated him for his claimed disabilities. After securing any necessary releases, the AOJ should request any relevant records identified. In addition, obtain updated VA treatment records dated since August 29, 2018. If any requested records are unavailable, the Veteran should be notified of such. 2. After records development is completed, schedule the Veteran for a VA shoulder examination to determine the current severity of his right shoulder disability. The claims file should be reviewed by the examiner. All necessary tests should be performed and the results reported. All symptomatology and functional impairment associated with the right shoulder disability should be reported. 3. Schedule the Veteran for a VA knee examination to determine the current severity of his right knee medial meniscus tear and osteoarthritis. The claims file should be reviewed by the examiner. All necessary tests should be performed and the results reported. All symptomatology and functional impairment associated with the Veteran’s right knee medial meniscus tear and osteoarthritis should be reported. 4. Schedule the Veteran for a VA hypertension examination to determine the current severity of his hypertension. The claims file should be reviewed by the examiner. All necessary tests should be performed and the results reported. All symptomatology and functional impairment associated with the Veteran’s hypertension should be reported. K. A. BANFIELD Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. Anderson