Citation Nr: 18142884
Decision Date: 10/17/18	Archive Date: 10/16/18

DOCKET NO. 15-07 381
DATE:	October 17, 2018
REMANDED
Entitlement to a rating higher than 10 percent for a right knee disability, status-post arthroscopic debridement with lateral release and medial meniscal repair, is remanded.
REASONS FOR REMAND
The Veteran served on active duty from March 1990 to August 2010. 
This case comes before the Board of Veterans’ Appeals (Board) on appeal from rating decisions by the Department of Veterans Affairs (VA) Regional Office (RO) in New York. In connection with this appeal, the Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge in May 2018. A transcript of that hearing is of record.




Entitlement to a higher rating than 10 percent for a right knee disability, status-post arthroscopic debridement with lateral release and medial meniscal repair, is remanded. 
In the May 2018 Board hearing, the Veteran contended that her service-connected right knee disability has increased in severity since the Veteran was last examined by VA in 2013. The Court has held that a Veteran is entitled to a new VA examination where there is evidence that the disability has worsened since the last VA examination. Snuffer v. Gober, 10 Vet. App. 400 (1997). 
The Veteran’s last examination of record was done five years ago and subsequent evidence shows that her disability may have increased in severity since that examination. The Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of the right knee disability.
The matter is REMANDED for the following action:
1. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of her service-connected right knee disability.  The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria.  The examiner must attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups.  To the extent possible, the examiner should identify any symptoms and functional impairments due to her right knee disability alone and discuss the effect of the Veteran’s right knee disability on any occupational functioning and activities of daily living.  
The examiner must test the Veteran’s active motion, passive motion, and pain with weight-bearing and without weight-bearing.  The examiner must also attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups.  To the extent possible, the examiner should identify any symptoms and functional impairments due to the right knee disability alone and discuss the effect of the Veteran’s right knee disability on any occupational functioning and activities of daily living.  If it is not possible to provide a specific measurement, or an opinion regarding flare-ups, symptoms, or functional impairment without speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner (does not have the knowledge or training).
 
MICHAEL A. HERMAN
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A. Goreham, Law Clerk