Citation Nr: 18159230 Decision Date: 12/19/18 Archive Date: 12/18/18 DOCKET NO. 16-44 129 DATE: December 19, 2018 REMANDED Entitlement to a disability rating in excess of 10 percent for a left knee reconstruction with degenerative joint disease is remanded. Entitlement to a disability rating in excess of 10 percent for degenerative arthritis of the lumbar spine is remanded. Entitlement to a disability rating in excess of 10 percent for left hip, limitation of extension, is remanded. Entitlement to a disability rating in excess of 10 percent for degenerative joint disease of the left hip is remanded. Entitlement to an effective date prior to March 14, 2017, for the grant of service connection for right lower extremity radiculopathy is remanded. Entitlement to an effective date prior to March 14, 2017 for the grant of service connection for degenerative joint disease of the left hip, impairment of thigh, is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1973 to December 1974 and from November 1976 to July 1979. This matter comes to the Board of Veterans’ Appeals (Board) from multiple rating decisions by a Department of Veterans Affairs (VA) Regional Office (RO). 1. Entitlement to an increased rating for a left knee disability, a lumbar spine disability, left hip limitation of extension, and left hip degenerative arthritis. While the record contain contemporaneous VA examinations regarding the Veteran’s left knee, lumbar spine, and left hip disabilities, the examinations do not comply with the requirements in Sharp v. Shulkin, 29 Vet. App. 26, 34-36 (2017). While the examiner stated that an opinion could not be provided without resort to speculation because flare-ups were not observed, the examiner did not indicate why an opinion could not be estimated based on the Veteran’s lay statements or whether additional testing could be conducted. 2. Entitlement to an effective date prior to March 14, 2017, for the grants of service connection for right lower extremity radiculopathy and left hip, limitation of thigh. Finally, because a decision on the remanded issue of an increased rating for the Veteran’s lumbar spine and left hip disabilities could significantly impact a decision on the issue of the effective date for the grants of service connection for right lower extremity radiculopathy and left hip, limitation of thigh, the issues are inextricably intertwined and remand of the claims are required. The matters are REMANDED for the following actions: 1. Obtain the Veteran’s VA treatment records for the period from October 2017 to the present. 2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected left knee, lumbar, and left hip disabilities. The examiner should provide a full description of the disabilities and report all signs and symptoms necessary for evaluating the Veteran’s disabilities under the rating criteria, including any neurologic abnormalities associated with the Veteran’s lumbar spine disability. The examiner must test the Veteran’s active motion, passive motion, and pain with weight-bearing and without weight-bearing. The examiner should indicate at what degree pain begins during range of motion. The examiner must also 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 Veteran’s left knee, lumbar spine, and left hip disabilities alone. 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). 3. After completing the above, and any other development as may be indicated, the Veteran’s claims should be readjudicated based on the entirety of the evidence. If the claims remain denied, the Veteran and his representative should be issued a supplemental statement of the case (SSOC). An appropriate period of time should be allowed for response. Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order. M. Donohue Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD S. Owen, Associate Counsel