Citation Nr: 18144890
Decision Date: 10/25/18	Archive Date: 10/25/18

DOCKET NO. 15-00 083
DATE:	October 25, 2018
REMANDED
Entitlement to a rating in excess of 10 percent for left knee strain with degenerative changes is remanded.
The Veteran served on active duty from November 1973 through November 1975.
This matter comes before the Board of Veterans' Appeals (Board) on appeal from a January 2012 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).  
The Veteran contends that he is entitled to a rating in excess of 10 percent for his left knee strain based on limited motion, limited walking and pain due to the left knee.  The Veteran also reports a significant decrease in his activity level due to his left knee.  See November 2014 Form 9.  
The record contains limited medical evidence regarding the Veteran’s knee.  Specifically, the record contains one letter from the Veteran’s private physician Dr. C.H., dated in March 2009.  See April 2009 Third Party Correspondence.  In her letter, the physician reports that she has been treating the Veteran since 2003.  She also reports that the Veteran has symptoms of leg edema which worsens with weight bearing.  Nonetheless, the record contains no other treatment records since January 2007 when the Veteran’s left knee was service connected.  
Further, the record reflects no attempts by the RO to obtain treatment records from the Veteran’s physician.  VA has a duty to assist the Veteran and must make a reasonable effort to obtain private treatment records.  Accordingly, remand is appropriate to obtain all outstanding medical records. 
The Veteran was last afforded a VA examination in April 2011.  In his appeal to the Board the Veteran alleged a significant decrease in his activity level due to his left knee.  The Veteran’s statements suggest that his left knee has worsened.  A VA examination to ascertain the current condition of the Veteran’s left knee strain is warranted.  
The matter is REMANDED for the following action:
1. Obtain all outstanding VA treatment records from January 2007 to present. 
2. Contact the Veteran to obtain an authorization for release of information and obtain treatment records from Dr. C. B. Hart, MD and any other physicians the Veteran has received treatment from. 
3. After the first and second remand directives have been completed, schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected left knee.  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 left knee strain alone and discuss the effect of the Veteran’s left knee strain 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).
 
S. HENEKS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A. Wimbish, Associate Counsel