Citation Nr: 18153726 Decision Date: 11/28/18 Archive Date: 11/28/18 DOCKET NO. 15-00 049 DATE: November 28, 2018 REMANDED The issue of entitlement to a disability rating in excess of 10 percent for residuals of a left knee sprain is remanded. REASONS FOR REMAND The Veteran, who is the appellant in this case, served on active duty from November 1973 to September 1982. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a rating decision dated August 2014 of the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida. In November 2018, the Veteran testified at a Board hearing in front of the undersigned Veterans Law Judge via video-conference. This decision has been processed through the Board’s “One-Touch Initiative” program. A transcript of the hearing will be associated with the claims file at a later time. 1. Entitlement to an increased rating in excess of 10 percent for residuals of a left knee sprain. A remand is necessary to provide the Veteran with a VA examination in connection with his claim for a disability rating in excess of 10 percent for residuals of a left knee sprain. A VA compensation examination for the Veteran’s service-connected left knee disability has not been conducted since July 2014 and such examination was for the purpose of determining the severity of the disability. The passage of time between a VA examination and adjudication is not a valid basis, unto itself, to provide the Veteran with another VA examination. See Palczewski v. Nicholson, 21 Vet. App. 174, 181-83 (2007); Snuffer v. Gober, 10 Vet. App. 400, 403 (1997); VAOPGCPREC 11-95 (1995). Notably however, during the November 2018 Board hearing, the Veteran and his friend indicated that the Veteran’s left knee disability appeared worse than it was when examined in July 2014. See Board Hearing Transcript dated November 20, 2018. Indeed, the Veteran and his friend are competent to report what they observe, such as increased knee impairment. See Layno v. Brown, 6 Vet. App. 465, 470 (1994). Accordingly, a new VA examination should be afforded to him. See Snuffer, supra. Additionally, the Veteran testified that since the RO last adjudicated his claim in October 2014, he has received treatment for his left knee disability at the Viera VA Clinic and the Orlando VA Medical Center, and he now receives disability benefits from the Social Security Administration (SSA). Accordingly, those records should be obtained on remand. The matter is REMANDED for the following action: 1. Ensure that all outstanding VA treatment records are associated with the claims file, including any treatment records regarding knee treatment from the Viera VA Clinic and the Orlando VA Medical Center in Florida. 2. Contact the SSA and obtain and associate with the claims file any copies of records for the Veteran regarding SSA benefits, including any SSA administrative decisions (favorable or unfavorable) and the medical records upon which the decisions were based. 3. Then, provide the Veteran with a VA examination to determine the current severity of his service-connected left knee disability. The claims file must be made available to, and be reviewed by, the examiner. (a)All indicated studies and tests, including range of motion, should be performed. (b) Elicit from the Veteran all signs and symptoms of his disability including information from the Veteran (and the treatment records) as to the frequency, duration, characteristics, severity, or functional loss with any repetitive use or during any flare-ups. If the examiner is unable to conduct the required testing or concludes that the required testing is not necessary in this case, he or she should clearly explain why that is so. In assessing functional loss, flare-ups and increased functional loss on repetitive use must be considered. The examiner must consider all procurable and ascertainable data and describe the extent of any pain, incoordination, weakened movement, and excess fatigability on use, and, to the extent possible, report functional impairment due to such factors in terms of additional degrees of limitation of motion, including impact on occupational functioning. (Continued on the next page)   4. Thereafter, readjudicate the issue on appeal. S. B. MAYS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Brad Farrell, Associate Counsel