Citation Nr: 18155628
Decision Date: 12/04/18	Archive Date: 12/04/18

DOCKET NO. 14-25 648
DATE:	December 4, 2018
REMANDED
Entitlement to a rating in excess of 40 percent for a left knee disability, to include whether a reduction from 40 percent to 10 percent, effective July 1, 2013, was proper, is remanded.
REASONS FOR REMAND
The Veteran served active duty in the United States Army from December 1981 to December 1984. 
A rating in excess of 40 percent for a left knee disability, to include whether reduction from 40 percent to 10 percent, effective July 1, 2013, was proper, is remanded.
The Veteran contends that his left knee disability is such that it warrants a rating in excess of 40 percent.  The Veteran further asserts that the reduction of the disabling rating for his left knee disability in the course of the appeal was improper.
The Veteran’s last VA examination for his disability was in August 2012.  When available evidence is too old for an adequate evaluation of the Veteran’s current condition, VA’s duty to assist includes providing a new examination.  Weggenmann v. Brown, 5 Vet. App. 281 (1993).  The Board finds that the August 2012 examination is remote, and there is insufficient medical evidence on file from which the Board can accurately determine the current severity of the Veteran’s left knee disability.  Therefore, a remand is necessary.
The matter is REMANDED for the following action:
Schedule the Veteran for an appropriate VA examination to determine the current severity of his service-connected left knee disability.  The examiner is asked to conduct a complete examination of the knee, including range of motion testing in active and passive, and weight and non-weight bearing positions, to the extent possible.  Record the degree at which objective evidence of pain begins.  If there is no clinical evidence of painful motion on any such testing, the examiner must so state, and indicate that all testing under each condition was performed.  If unable to conduct any testing, please indicate the reason why. 
State whether there is additional limitation of motion due to pain, weakness, excess fatigability, incoordination, pain or flare-ups.  Any additional loss of motion should be noted in degrees.  If such information cannot be feasibly determined, the examiner must explain why this information cannot be provided.
Ask the Veteran to describe his everyday symptoms and symptoms during a flare-up.  State whether those reports are consistent with the findings on examination.
Determine whether the Veteran has instability or subluxation, and if so, note the severity.

 
JENNIFER HWA
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	C. Ford, Associate Counsel