Citation Nr: 18147157
Decision Date: 11/02/18	Archive Date: 11/02/18

DOCKET NO. 04-29 299
DATE:	November 2, 2018
REMANDED
Entitlement to a disability rating in excess of 10 percent for left knee patellofemoral syndrome is remanded.
REASONS FOR REMAND
The Veteran served in the Army National Guard from October 1984 to November 1999, with a period of active duty for training from August 1985 to January 1986 and a period of active duty from October 1989 to November 1999. 
This matter comes before the Board of Veterans’ Appeals (Board) from a July 2010 rating decision of a Regional Office (RO) of the Department of Veterans Affairs (VA).  This matter was previously before the Board in August 2015, September 2016, and August 2017. 
In August 2017, the Board denied the Veteran’s claim for an increased rating.  The Veteran appealed to the U.S. Court of Appeals for Veterans Claims (Court).  In May 2018, the Court granted a Joint Motion for Remand (JMR) of the Veteran and the Secretary of Veterans’ Affairs and vacated the Board’s August 2017 decision.  The JMR concluded that the December 2015 and the October 2016 VA examination reports on which the Board based its decision were inadequate.  The matter is no returned to the Board from the Court.  
1. Entitlement to a disability rating in excess of 10 percent for left knee patellofemoral syndrome is remanded.
Pursuant to the concerns raised in the JMR, this matter is remnded for a new VA examination consistent with the requirements in Sharp v. Shulkin, 29 Vet. App. 26, 34-36 (2017).  
The matter is REMANDED for the following action:
1. Schedule the Veteran for a VA examination to determine the current severity of his service-connected left knee disability.  
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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 disability alone and discuss the effect of the Veteran’s 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).
 
C. BOSELY
Acting Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. Aoughsten, Associate Counsel