Citation Nr: 18141507
Decision Date: 10/10/18	Archive Date: 10/10/18

DOCKET NO. 16-31 131
DATE:	October 10, 2018
REMANDED
Entitlement to a disability evaluation in excess of 20 percent for a left knee disability is remanded.
REASONS FOR REMAND
The Veteran served on active duty in the United States Marine Corps from July 1975 to July 1979.
This case comes before the Board of Veterans’ Appeals (Board) on appeal from a rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in San Diego, California.
Neither the Veteran nor his representative has raised any issues with the duty to notify or duty to assist.  See Scott v. McDonald, 789 F.3d 1375, 1381 (Fed. Cir. 2015) (holding that “the Board’s obligation to read filings in a liberal manner does not require the Board... to search the record and address procedural arguments when the veteran fails to raise them before the Board.”); Dickens v. McDonald, 814 F.3d 1359, 1361 (Fed. Cir. 2016) (applying Scott to a duty to assist argument).
1. Entitlement to a disability evaluation in excess of 20 percent for a left knee disability is remanded.
Additional development is necessary before the Veteran’s claim can be finally adjudicated.  A VA examination was conducted in April 2015; the examination reflects a diagnosis of internal derangement of the left knee, but indicates that testing showed no instability in any plane.  However, a statement the Veteran submitted only a month after the examination indicated his left knee instability is “severe”.  Subsequent statements have indicated the VA examination was inadequately performed, adding the Veteran’s private physician has indicated he has significant and worsening left knee instability, as well as loose bone spurs in the knee.  Moreover, despite the VA examination findings of no instability whatsoever, the Veteran’s 20 percent rating has been assigned in contemplation of moderate knee instability, rather than due to limitation of range of motion (which symptom was also reflected, in limited degree, at the April 2015 VA examination.)
In light of the above, the Board finds that a new examination is necessary to explore the current nature and severity of the Veteran’s left knee disability.
The matter is REMANDED for the following action:
1. After obtaining the necessary authorization, update the file with any VA or private treatment records relevant to the Veteran’s claims.  If any requested records are unavailable, the Veteran should be notified to that effect.
2. . Schedule the Veteran for a VA examination to assess the nature and severity of his service-connected left knee disability.  The electronic file must be made available to the examiner, and the examination report must reflect that such review occurred.  All tests and studies deemed necessary must be performed.  All pertinent symptomatology and findings should be reported in detail in accordance with VA rating criteria.
The examination should be conducted in accordance with the current disability benefits questionnaires or examination worksheets applicable to the knees.  Range of motion in active motion, passive motion, weight-bearing, and nonweight-bearing, for the joints in question and any paired joint must be conducted.  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.  The rationale for all opinions expressed must be provided.
3. After completing the above development, and any other development deemed necessary, readjudicate the issue on appeal.  If any benefit remains denied, a supplemental statement of the case must be provided to the Veteran and his representative.  After they have had an adequate opportunity to respond, the appeal must be returned to the Board for appellate review.
 
Gayle Strommen
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Z. Sahraie