Citation Nr: 18156312
Decision Date: 12/07/18	Archive Date: 12/07/18

DOCKET NO. 16-63 423
DATE:	December 7, 2018
REMANDED
Entitlement to a disability rating in excess of 10 percent for service-connected left knee osteoarthritis is remanded.
Entitlement to a disability rating in excess of 10 percent for service-connected right knee osteoarthritis is remanded.
REASONS FOR REMAND
The Veteran served on active duty from September 1968 to June 1973 and July 1974 to February 1990 in the United States Marine Corps.
1.  Entitlement to a disability rating in excess of 10 percent for service connected left knee osteoarthritis is remanded.
2. Entitlement to a disability rating in excess of 10 percent for service-connected right knee osteoarthritis is remanded.
In a December 2016 statement, the Veteran asserted that the left and right knee disabilities have increased in severity since he was last examined by VA.  Additionally, the medical evidence of record indicates that the Veteran has undergone surgery on both knees during the course of the appeal. 
New examinations are needed to determine the current severity of the knee disabilities.  The most recent knee and lower leg VA examination does not comply with the requirements in Sharp v. Shulkin, 29 Vet. App. 26 (2017).  In the examination on remand, the examiner should attempt to elicit relevant information regarding the description of the Veteran’s flare-ups and any additional functional loss suffered during flare-ups.
The matters are REMANDED for the following action:
1.  Take all appropriate action to obtain any pertinent treatment records dated since January 2017.
2. After completion of the above, schedule the Veteran for an examination of the current severity of his left and right knee osteoarthritis disabilities.  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.  To the extent possible, the examiner should identify any symptoms and functional impairments due to left and right knee osteoarthritis alone and discuss the effect of the Veteran’s left and right knee osteoarthritis on any occupational functioning and activities of daily living.  
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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.E. Larkin
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	P.S. McLeod