Citation Nr: 18150336 Decision Date: 11/15/18 Archive Date: 11/14/18 DOCKET NO. 16-41 538 DATE: November 15, 2018 REMANDED The issue of entitlement to a disability rating in excess of 20 percent for a right knee disability, characterized as arthritis, right knee, status post partial meniscectomy, status post debridement and resection of torn lateral meniscus, is remanded. The issue of entitlement to a disability rating in excess of 10 percent for a left knee disability, characterized as left knee osteoarthritis, is remanded. The issue of entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from May 1976 to May 1996. This matter comes before the Board of Veterans’ Appeals (Board) on appeal of a rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). 1. Entitlement to a disability rating in excess of 20 percent for a right knee disability, characterized as arthritis, right knee, status post partial meniscectomy, status post debridement and resection of torn lateral meniscus, is remanded. 2. Entitlement to a disability rating in excess of 10 percent for a left knee disability, characterized as left knee osteoarthritis, is remanded. 3. Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. The Veteran contends that he is entitled to a disability in excess of the 20 percent rating currently assigned to his right knee disability under Diagnostic Code (DC) 5258 and a disability rating in excess of the 10 percent rating currently assign to his left knee disability under DC 5260 because his knee disabilities have worsened and are more severe than the currently assigned ratings. Initially, the Board notes that the Veteran underwent a VA examination to determine the severity of his right and left knee disabilities in January 2014, nearly five years ago. Subsequently, the Veteran submitted a March 2014 notice of disagreement, where he asserted that his right knee and left knee disabilities had worsened and that he would be undergoing surgery on both knees. As a result, the Board finds that a new VA examination should be conducted because there may have been a material change in the Veteran’s disabilities. See 38 C.F.R. §§ 3.326, 3.327 (reexaminations will be requested whenever VA determines there is a need to verify the current severity of a disability, such as when the evidence indicates there has been a material change in a disability or that the current rating may be incorrect); Snuffer v. Gober, 10 Vet. App. 400, 403 (1997) (holding that when a claimant asserts that the severity of a disability has increased since the most recent VA examination, an additional examination should be conducted). Additionally, the treatment records concerning the reported surgeries on the Veteran’s right knee and left knee are not of record. Therefore, the RO should attempt to obtain such records on remand. Finally, to the extent that the outcome of the increased rating claims may have a direct bearing on the Veteran’s eligibility for TDIU, that issue must also be remanded as inexplicably intertwined with such claims. Harris v. Derwinski, 1 Vet. App. 180, 183 (1991). The matters are REMANDED for the following action: 1. Include in the claims file any outstanding VA treatment records. If the Veteran has received additional private treatment, he should be afforded an opportunity to submit the medical records of such treatment. 2. Schedule an examination to determine the severity of right and left knee disabilities. The examiner should review the claims folder, and then address in detail the range of motion in each knee on active and passive motion, and while weight bearing and non-weight bearing. The examiner should address any additional functional impairment due to factors such as pain, weakened movement, excess fatigability, incoordination, and flare-ups. The examiner should also note all knee disabilities (e.g., arthritis, subluxation, instability, dislocation, meniscal disorders, etc.). (Continued on the next page)   3. The RO should undertake any other development deemed necessary in order to adjudicate the TDIU claim, including obtaining any VA examinations or opinions. CHRISTOPHER MCENTEE Acting Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD M. Crosnicker, Associate Counsel