Citation Nr: 19124167
Decision Date: 04/02/19	Archive Date: 03/30/19

DOCKET NO. 17-61 361
DATE:	April 2, 2019

REMANDED

Entitlement to an initial rating in excess of 10 percent for a left knee disability is remanded.

Entitlement to an initial rating in excess of 10 percent for a right knee disability is remanded.

REASONS FOR REMAND

The Veteran had active service from January 2001 to November 2016.  

Claims for entitlement to increased ratings for the right and left knee disabilities are remanded.

The Veteran most recently underwent VA examination for the knees in November 2017.  In the November 2017 Form 9, the Veteran reported that the “original” VA compensation and pension examination was not an accurate reflection of the impairment associated with the knee disabilities because it was conducted in the mornings and her knees swell and become increasingly impaired as the day progresses.  It is unclear whether the Veteran is referring to the November 2017 VA examination or the initial examination in November 2016.  The Board finds the Veteran should be scheduled for another VA examination, preferably in the afternoon, to provide additional information about the impairment associated with the knee disabilities.  

The matters are REMANDED for the following action:

1. Afford the Veteran a VA examination by an examiner with sufficient expertise to fully assess the Veteran’s service-connected right and left knee disabilities.  Schedule the examination for the afternoon.  The examiner should note the time the examination was conducted within the examination report, given that the Veteran is indicating that her knees become progressively worse as the day progresses.  All pertinent evidence of record should be made available to and reviewed by the examiner.  Any indicated studies should be performed.  If the examiner is unable to conduct the required testing or concludes any required testing is not necessary, he or she must explain why that is so. 

The examiner must provide all information required for rating purposes, to specifically include both active and passive range of motion testing, as well as weight-bearing and nonweight-bearing range of motion assessments for each knee.  Further, the examiner must indicate if movement is limited by pain, and if so, at what point.  The examiner must provide an assessment of the Veteran’s functional loss during flares, if possible in degrees of motion lost.  In doing so, the examiner must consider and discuss all procurable and assembled data such as the frequency, duration, characteristics, precipitating and alleviating factors, and the severity of flare-ups

The examiner must provide a complete rationale for all proffered opinions.  If the examiner cannot provide the required opinions without resorting to speculation, he or she must state whether this is based on a personal limitation or on a lack of knowledge among the medical community at large.

2. Thereafter, readjudicate the Veteran’s claims.  If a benefit sought on appeal remains denied, the Veteran should be provided a supplemental statement of the case (SSOC).  The SSOC must contain notice of all relevant actions taken on the claims for benefits, to include a summary of the evidence and applicable law and regulations considered pertinent to the issue currently on appeal.  An appropriate period of time should be allowed for response. 

 

T. REYNOLDS

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	N. Snyder, counsel