Citation Nr: 19108317
Decision Date: 02/04/19	Archive Date: 02/04/19

DOCKET NO. 15-30 053
DATE:	February 4, 2019

REMANDED

Entitlement to a disability rating exceeding 10 percent for a right knee disability prior to March 26, 2018 is remanded. 

REASONS FOR REMAND

The Veteran served on active duty from November 1986 to November 1989 and from April 2006 to June 2007  

This appeal comes to the Board of Veterans’ Appeals (Board) from an August 2014 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). 

The last VA examination of the Veteran’s knees was in August 2014.  Since the July 2015 Statement of the Case, VA received a large volume of additional treatment records pertinent to the claim.  The current evidence indicates that the Veteran’s disability picture for his right knee has worsened since the prior VA examination, and the Veteran has been granted a temporary 100 percent rating from March 2018 through April 2019 for a total arthroplasty of the right knee.  See January 2019 rating decision.  On remand, the Agency of Original Jurisdiction (AOJ) should afford the Veteran a current examination of the severity of his right knee disability.  

The matter is REMANDED for the following action:

1. The AOJ should contact the Veteran and all current representatives and request their assistance in identifying any outstanding relevant records.  The AOJ should make reasonable attempts to obtain all identified outstanding records and associate them with the Veteran’s claims file.

2. After associating all identified relevant records with the Veterans claims file, the AOJ should schedule the Veteran for an examination of the current severity of his right knee disability.  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 right knee disability alone and discuss the effect of the Veteran’s right knee 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).

3. After completing the above action and any other necessary development, the claim must be readjudicated.  If the claim remains denied, a Supplemental Statement of the Case must be provided to the Veteran and current representatives.  After the Veteran has had adequate opportunity to respond, the appeal must be returned to the Board for appellate review.

 

C. TRUEBA

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	Michael Duffy, Associate Counsel