Citation Nr: 18141990 Decision Date: 10/15/18 Archive Date: 10/12/18 DOCKET NO. 16-03 979 DATE: October 15, 2018 REMANDED ISSUES The claim of entitlement to a disability rating in excess of 40 percent degenerative osteoarthritis of the right knee is remanded. The claim of entitlement to a disability rating in excess of 40 percent for degenerative arthritis of the lumbar spine is remanded. The claim of entitlement to a disability rating in excess of 30 percent for right knee instability is remanded. The claim of entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is remanded. Introduction The Veteran had active duty service from September 1980 to August 1984 in the United States Army. 1. Entitlement to a disability rating in excess of 40 percent degenerative arthritis lumbar spine is remanded. The Veteran’s spine and knee disability claims stem from the same legal and factual basis and will be addressed together. In a May 2018 statement, the Veteran’s representative asserted that the knee and spine disabilities increased in severity since the Veteran was last examined by VA in October 2015. The Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of his knee and spine disabilities. 2. Entitlement to a disability rating in excess of 40 percent for degenerative arthritis of the lumbar spine is remanded. Please see the analysis above. 3. Entitlement to a disability rating in excess of 30 percent for right knee instability is remanded. Please see the analysis above. 4. Entitlement to a total disability rating for individual unemployability due to service-connected disabilities is remanded. Since the prior VA examinations regarding the Veteran’s knee and back in October 2015, which found that he could perform sedentary work on the phone or laptop, the Veteran was granted service connection for hearing loss and tinnitus. The Board finds that a new opinion considering the impact of the Veteran’s service-connected disabilities as a whole is necessary before a decision on the merits may be made regarding his TDIU claim. The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA orthopedic examination to address the current severity of his low back and right knee disabilities. The examiner should review the claims file in conjunction with the examinations. Any tests deemed necessary should be accomplished and the results reported. Range of motion testing should be undertaken for both knees for comparison purposes. The examiner is to report the range of motion measurements in degrees. Range of motion should be tested actively and passively, in weight bearing, and after repetitive use. The examiner should consider whether there is likely to be additional range of motion loss due to any of the following: (1) during flare-ups; and, (2) as a result of pain, weakness, fatigability, or incoordination. If so, the examiner is asked to describe the additional loss, in degrees, if possible. 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. 2. Obtain an opinion from a vocational counselor or other qualified examiner regarding the Veteran’s claim for a TDIU. If the counselor requests it, schedule the Veteran for a VA social and industrial survey for the purpose of ascertaining the impact of the Veteran’s service-connected disabilities on his ability to obtain and maintain substantially gainful employment. The Board notes that such a survey may be conducted by a vocational rehabilitation counselor or other such appropriate person. The examiner should review the claims file to include the most recent VA examination opinions and the Veteran’s lay statements in response to those findings, and address the following issues: a.) The VA examiner is requested to evaluate and discuss the impact of the Veteran’s service-connected disabilities, specifically his right knee disability, low back disability, hearing loss, and tinnitus on the Veteran’s employability. b.) The VA examiner is requested to offer an opinion as to whether the Veteran’s service-connected disabilities together as a whole, without consideration of his age or non-service- connected disabilities, render him unable to secure or maintain a substantially gainful occupation. c.) If it is the examiner’s opinion that the Veteran’s service-connected disabilities do not render him unemployable, the examiner should suggest the type or types of employment in which the Veteran would be capable of engaging with his service-connected disabilities, given his skill set and educational background. 3. After undertaking the development above and any additional development deemed necessary, the Veteran’s claims should be readjudicated. If the benefits sought on appeal remain denied, the appellant and his representative should be furnished a supplemental statement of the case and be given an appropriate period to respond thereto before the case is returned to the Board, if in order. B. MULLINS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD