Citation Nr: 18157837 Decision Date: 12/14/18 Archive Date: 12/13/18 DOCKET NO. 15-15 818 DATE: December 14, 2018 REMANDED An initial disability rating higher than 10 percent for a left knee disability, to include patellofemoral syndrome, degenerative changes and chondromalacia status-post ACL reconstruction and meniscus repair, is remanded. REASONS FOR REMAND The Veteran had active duty from August 1991 to August 1995. Following the March 2015 statement of the case, the Veteran filed a substantive appeal only for the above issue. As such, all other issues addressed by the statement of the case are not before the Board. In his May 2015 substantive appeal, the Veteran indicated that his service-connected left knee also has painful scars. In the March 2013 rating decision, the RO granted service connection for the Veteran’s left knee scars. The Veteran did not file a notice of disagreement with that determination Effective March 24, 2015, when a claimant submits a communication indicating a desire to apply for VA benefits, but the communication does not meet the standards of a complete claim for benefits, the communication will be considered a request for an application form for benefits under 38 C.F.R. § 3.150(a). 79 Fed. Reg. 57,660, 57,695 (Sept. 25, 2014) (codified at 38 C.F.R. § 3.155(a)). When such a communication is received, VA shall notify the claimant and the claimant’s representative of the information necessary to complete the application form or form prescribed by the Secretary. Id. In light of the foregoing, the Veteran’s claim seeking an increased rating for painful scar of the left knee is referred to the Agency of Original Jurisdiction (AOJ) for appropriate action. 38 C.F.R. § 19.9(b). The Veteran had a hearing before the undersigned Veterans Law Judge in November 2018. An initial disability rating higher than 10 percent for a left knee disability, to include patellofemoral syndrome, degenerative changes and chondromalacia status-post ACL reconstruction and meniscus repair, is remanded. During his November 2018 Board hearing, the Veteran reported that he had undergone a total knee replacement at Sutter Hospital in January 2018. As such a replacement would completely change how the Veteran’s left knee can be rated, to include possibly warranting a temporary total evaluation, the Veteran has identified relevant outstanding private treatment records. A remand is required to allow VA to obtain authorization and request these records. Unassociated VA medical records, including from October 2015 to the present from the San Francisco VA medical center should also be obtained. Additionally, consideration of whether a tempoary total evaluation is warranted for the total knee replacement is necessary. Finally, the last VA examination was in December 2014 and the Veteran has indicated that his disability has increased in severity since then. The Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of the left knee disability. The matter is REMANDED for the following actions: 1. Ask the Veteran to complete a VA Form 21-4142 for Sutter Hospital and any other relevant private medical provider. Make two requests for the authorized records from identified facilities, unless it is clear after the first request that a second request would be futile. 2. Obtain unassociated VA medical records, including from October 2015 to the present from the San Francisco VA Medical Center. 3. After the above development has been accomplished, schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected left knee disability. The claims file should be reviewed. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria. 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 the left knee disability alone and discuss the effect of it 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). 4. After the above development has been accomplished, readjudicate the Veteran’s claim - to include consideration of whether a temporary total evaluation for total knee replacement is warranted. H.M. WALKER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD A. Lindio