Citation Nr: 18153059
Decision Date: 11/28/18	Archive Date: 11/27/18

DOCKET NO. 16-43 247
DATE:	November 28, 2018
REMANDED
Entitlement to a rating greater than 10 percent from October 30, 2013 to May 18, 2014, and greater than 10 percent from July 1, 2014, for a left knee disability is remanded.
REASONS FOR REMAND
The appellant served on active duty in the United States Army from November 1983 to November 2003.
This case comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2014 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) which granted a 10 percent rating for a left knee disability from October 30, 2013, a temporary 100 percent rating for convalescence following surgery on the left knee from May 19, 2014, and a 10 percent rating for his left knee disability from July 1, 2014.  
The appellant contends that his left knee disability is more disabling than currently rated.  The appellant submitted evidence in July 2014 showing he had arthroscopic surgery to repair cartilage in his left knee in May 2014.  After reviewing the evidence submitted, the RO awarded an increased rating for the appellant’s service-connected left knee disability, with a 10 percent rating assigned for painful motion prior to his surgery, a temporary 100 percent rating for convalescence after his surgery, and a return to a 10 percent rating after his surgery for painful motion.  There was no discussion of whether other compensable ratings were warranted at the time.  
The appellant asserted in his September 2016 Substantive Appeal that his condition has worsened since he filed his claim for an increased rating.  As such, the Board finds that remand is necessary to schedule the appellant for a VA examination to determine the severity of his service connected left knee disability, as no VA examination has been performed for the appellant during the appellate period to determine the severity of his service connected left knee disability.  
The matter is REMANDED for the following action:
Schedule the appellant for an examination of the current severity of his left knee disability.  The examiner should identify all symptoms and pathology associated with the service-connected left knee disability, to include identifying any pain, limitation of motion, subluxation, instability, meniscal pathology, locking, or effusion.  
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He or she should also address at what point in the arc of motion knee pain limits function both regularly and during flare-ups, even if a flare-up is not observed on the day of the examination.  In addressing the nature of any disability during a flare-up the examiner must address the severity of the flare-up, the frequency and duration of any flare-ups, and all precipitating and alleviating factors.
 
K. Conner
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	K. Kleponis, Associate Counsel