Citation Nr: 18149976 Decision Date: 11/14/18 Archive Date: 11/14/18 DOCKET NO. 14-34 575 DATE: November 14, 2018 REMANDED Entitlement to a rating greater than 10 percent for right knee anterior cruciate ligament laxity prior to August 9, 2014, and greater than 20 percent thereafter, is remanded. Entitlement to a rating greater than 10 percent for osteoarthritis of the right knee with limitation of motion is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1986 to December 1991. The Veteran requested a hearing before the Board. Such was scheduled for June 2018, but the Veteran did not appear for the hearing. The Veteran has not indicated why he did not attend, nor has he requested that the June 2018 hearing be rescheduled. As such, the Board will consider the Veteran’s hearing request withdrawn. The Veteran asserts that his right knee disability warrants increased disability ratings. The most recent VA examination assessing the severity of the Veteran’s service-connected right knee disabilities took place in August 2014, more than four years ago. VA treatment records dated since that time have not been associated with the file. In a September 2018 Report of General Information, the Veteran called VA and informed that he was scheduled to undergo knee replacement surgery in November 2018, and that he would like this information taken into consideration in his appeal. Given that the severity of the Veteran’s knee disability was last assessed by VA in 2014, that there is a more than four-year gap in documented medical treatment for the knee, and the Veteran has now indicated he will be undergoing a knee replacement surgery, the Board believes the appeal should be remanded so that all available treatment records leading up to the Veteran’s November 2018 surgery can be requested and obtained. Indeed, the fact that the Veteran now needs knee replacement surgery suggests a potential worsening in severity since 2014. On remand, the Veteran should be requested to submit, or authorize VA to obtain on his behalf, any records of medical care pertaining to his right knee from August 2014 to today. If the Veteran did not undergo surgery as he stipulated he would, he should be scheduled for a VA knee examination. The matters are REMANDED for the following action: 1. Contact the Veteran and request that he submit, or authorize VA to obtain on his behalf, any records of care for his right knee that are not currently of record dating from August 2014 to the present. All VA treatment records should be associated with the Veteran’s file. 2. Confirm with the Veteran whether he underwent knee replacement surgery. If he did not undergo surgery, schedule the Veteran for VA knee examination to assess the current nature and severity of his service-connected right knee disabilities. The entire record must be made available to and be reviewed by the examiner. Any tests should be conducted. The examiner should conduct range of motion testing (expressed in degrees), and test for pain in active motion, passive motion, weight-bearing, and nonweight-bearing. The examiner should also indicate whether there is evidence of recurrent subluxation or lateral instability, and, if so, at what level of severity. The examiner should ask the Veteran to report on the severity, frequency and duration of any flare-ups that may occur, and any range of motion loss during flare-ups or following repetitive use. If the examination is not being performed during a flare-up, the examiner should estimate the functional loss, including loss of range of motion, due to flare-ups or following repeated use based on all the evidence of record including the Veteran’s lay statements. 3. Thereafter, and after any further development deemed necessary, the appeal should be reajudicated. If the Veteran underwent knee replacement surgery, consideration must be given as to whether a rating under Diagnostic Code 5055 is applicable. V. Chiappetta Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD David M. Sebstead, Associate Counsel