Citation Nr: 19190886 Decision Date: 12/03/19 Archive Date: 12/03/19 DOCKET NO. 16-58 628 DATE: December 3, 2019 REMANDED Entitlement to a disability evaluation in excess of 10 percent for status post meniscectomy, medial meniscus of the right knee with degenerative arthritis is remanded. REASONS FOR REMAND The Veteran served on active duty from February 1976 to January 1980, from May 1982 to December 1989, and from January 2002 to June 2002. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2015 rating decision of a U.S. Department of Veterans Affairs (VA) Regional Office (RO) in Huntington, West Virginia. Entitlement to a disability evaluation in excess of 10 percent for status post meniscectomy, medial meniscus of the right knee with degenerative arthritis is remanded. The record reflects that, in June 2018, the Veteran had arthroscopic surgery on his right knee raising the prospect that his right knee disability has increased in severity since he was last examined by VA in October 2016. The Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of his right knee disability.   The matter is REMANDED for the following actions: 1. Obtain updated VA and/or pertinent identified private treatment records to the extent possible. If records are unavailable, the Veteran’s claim file must be clearly documented, and he must be properly notified. 2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected right knee disability. 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 test the Veteran’s active motion, passive motion, and pain with weight-bearing and without weight-bearing. 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. If it is not possible to provide a specific measurement based on direct observation, the examiner should provide an estimate, if possible, of the additional impairment due to flare-ups based on the other evidence of record and the Veteran’s statements.   If it is not possible to provide a specific measurement 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), in the record (additional facts are required), or the examiner (the examiner does not have the knowledge or training). 3. Readjudicate the appeal. If the full benefits sought for by the Veteran remain denied, issue a supplemental statement of the case and return the case to the Board. G. A. WASIK Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board James Hekel, Associate Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.