Citation Nr: 18144915 Decision Date: 10/25/18 Archive Date: 10/25/18 DOCKET NO. 16-39 580 DATE: October 25, 2018 REMANDED Entitlement to a disability rating in excess of 10 percent for bilateral chondromalacia patella from May 26, 2011 to November 17, 2014 is remanded. Entitlement to a disability rating in excess of 10 percent for postoperative chondromalacia patella of the left knee on and after November 17, 2014 is remanded. Entitlement to a disability rating in excess of 10 percent for postoperative chondromalacia patella of the right knee on and after November 17, 2014 is remanded. REASONS FOR REMAND The Veteran served on active duty in the Army from January 1984 to January 2004, including service in the Persian Gulf War. These matters are on appeal from a March 2012 rating decision. In his August 2016 substantive appeal (VA Form 9), the Veteran requested a hearing before a Veterans Law Judge. In November 2016 and February 2017 statements, the Veteran withdrew the request for a hearing. The Board therefore deems the hearing request withdrawn pursuant to 38 C.F.R. § 20.702 (e) (2017). In a February 2018 statement, the Veteran attempted to raise multiple additional issues of service connection. Effective March 24, 2015, when a claimant submits a communication indicating desire to file a claim for benefits, but the communication does not meet the standards of a complete claim for benefits, the communication will be considered a request for an application form for benefits under 38 C.F.R. § 3.350 (a). 38 C.F.R. § 3.155(a) (2017). When such a communication is received, the Agency of Original Jurisdiction (AOJ) shall notify the claimant of the information needed to complete the application form or form prescribed by the Secretary. Id. A complete claim on an application form designed for the purpose is required for all types of claims. 38 C.F.R. § 3.155(d) (2017). These requests are referred to the AOJ for appropriate action to be determined by the AOJ in accordance with the revised regulations. 1. Entitlement to increased ratings for bilateral chondromalacia patella is remanded. The Veteran was last afforded a VA examination for his service-connected knee disabilities in November 2014. At that time, the Veteran reported instability in both knees, but all tests for instability were normal. The Veteran also reported constant use of knee braces, but not a cane. In his August 2016 substantive appeal (VA Form 9), the Veteran reported that he had begun walking with a cane due to knee instability. The record thus raises the possibility that the Veteran’s service-connected knee disabilities could now be more severe than the November 2014 examination report reflects. “Where the record does not adequately reveal the current state of the claimant’s disability, a VA examination must be conducted.” Schafrath v. Derwinski, 1 Vet. App. 589, 595 (1991). A remand for a new examination is thus warranted. The matter is REMANDED for the following action: 1. Arrange for the Veteran to have an examination by an appropriate clinician for the purpose of determining the current severity of his bilateral chondromalacia patella. The electronic claims file must be made available to the examiner for review, and the examination must reflect that such review has been accomplished. The examiner is to provide a detailed review of the Veteran’s pertinent medical history, current complaints, and the nature and extent of any symptoms of chondromalacia patella. Although an independent review of the claims file is required, the Board calls the examiner’s attention to the Veteran’s August 2016 statement that he walked with a cane due to knee instability. 2. Then, readjudicate the claims. If any decision is adverse to the Veteran, issue a Supplemental Statement of the Case and allow the applicable time for response. Then, return the case to the Board. D. Martz Ames Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Ryan Frank, Counsel