Citation Nr: 18123768 Decision Date: 08/03/18 Archive Date: 08/02/18 DOCKET NO. 15-27 547A DATE: August 3, 2018 REMANDED Entitlement to a rating in excess of 10 percent for right knee degenerative joint disease (DJD) is remanded. Entitlement to a rating in excess of 10 percent for left knee DJD is remanded. REASONS FOR REMAND The Veteran had active service from September 1975 to January 2002. These matters are before the Board of Veterans’ Appeals (Board) on appeal from a rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The evidence indicates there may be outstanding relevant VA treatment records. A June 29, 2015 VA treatment record indicates that the Veteran was to return for follow up appointment in two or three months. VA treatment records subsequent June 29, 2015 have not been associated with the claims file. Additionally, VA treatment records from March 19, 2015, February 12, 2015, February 10, 2015, and January 30, 2015 indicate that VA fee basis records had been scanned into VistA Imaging. It does not appear that these records have been associated with the claims file. A remand to obtain the records is required. The record also indicates that there are outstanding private treatment records. A January 27, 2014 VA treatment record indicates that the Veteran received treatment from an outside primary care physician, Dr. Lindsey. To date, records from this provider have not been requested or otherwise obtained. On remand, reasonable efforts should be made to obtain them. While the record contains a contemporaneous VA examination regarding the Veteran’s right and left knee DJD, the examination report does not comply with the requirements set forth in Sharp v. Shulkin, 29 Vet. App. 26, 34-36 (2017). While the examiner noted that the Veteran experienced right and left knee flare-ups, in addressing additional functional loss during such flare-ups the examiner indicated that an opinion could not be rendered without resort to speculation because the Veteran was not being examined during a flare-up. Accordingly, a remand for another VA examination is warranted. The matters are REMANDED for the following actions: 1. Ask the Veteran to provide the names and addresses of all medical care providers who have recently treated her for her claimed disabilities, to include Dr. Lindsey. After securing any necessary releases, request any relevant records identified. In addition, obtain updated VA treatment records dated since June 29, 2015 and the VistA Imaging records referenced in the March 19, 2015, February 12, 2015, February 10, 2015, and January 30, 2015 VA treatment records. If any requested records are unavailable, the Veteran should be notified of such. 2. After records development is completed, schedule the Veteran for a VA knee examination to determine the current severity of her right and left knee DJD. The claims file should be reviewed by the examiner. All necessary tests should be performed and the results reported. All symptomatology associated with the Veteran’s right and left knee DJD should be reported. 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 Veteran’s right and left knee DJD and discuss the effect of these disabilities 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). K. A. BANFIELD Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Department of Veterans Affairs