Citation Nr: 18151479
Decision Date: 11/19/18	Archive Date: 11/19/18

DOCKET NO. 15-03 478
DATE:	November 19, 2018
REMANDED
An initial rating higher than 10 percent for right knee degenerative joint disease is remanded.
An initial rating higher than 20 percent for lumbar spine degenerative disc disease is remanded.
REASONS FOR REMAND
The Veteran had active service in the U.S. Army from December 1948 to December 1951.  This matter comes before the Board on appeal from an April 2013 rating decision.  The Board most recently issued a decision on this matter in November 2017.  The Veteran appealed that decision to the U.S. Court of Appeals for Veterans Claims, which remanded the matter back to the Board for action consistent with the terms of an August 2018 Joint Motion for Remand.
1. An initial rating higher than 10 percent for right knee degenerative joint disease is remanded.
2. An initial rating higher than 20 percent for lumbar spine degenerative disc disease is remanded.
While the record contains contemporaneous VA examinations regarding the Veteran’s right knee and lumbar spine disabilities, these examinations do not comply with the requirements in Sharp v. Shulkin, 29 Vet. App. 26, 34-36 (2017).  While the examiner stated that an opinion regarding functional ability with repeated use over time could not be provided without resort to speculation, the examiner did adequately explain whether the speculation was due to lack of knowledge within the medical community, nor is it clear that the examiner considered the Veteran’s lay statements in making her determination.
The matters are REMANDED for the following action:
1. Schedule the Veteran for an examination to obtain findings as to the current severity of his right knee degenerative joint disease.  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.  The examiner must attempt to elicit information regarding functional loss with repeated use over time.  To the extent possible, the examiner should identify any symptoms and functional impairments due to right knee degenerative joint disease alone and discuss the effect of the Veteran’s right knee degenerative joint disease 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).
2. Schedule the Veteran for an examination to obtain findings as to the current severity of his lumbar spine degenerative disc disease.  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.  The examiner must attempt to elicit information regarding functional loss with repeated use over time.  To the extent possible, the examiner should identify any symptoms and functional impairments due to lumbar spine degenerative disc disease alone and discuss the effect of lumbar spine degenerative disc disease 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).
 
M. Tenner
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Shamil Patel, Counsel