Citation Nr: 20002816
Decision Date: 01/13/20	Archive Date: 01/13/20

DOCKET NO. 12-08 018A
DATE: January 13, 2020

REMANDED

Entitlement to a rating higher than 20 percent for a left leg disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 1994 to February 1995.

In January 2016, the Veteran testified at a hearing before the undersigned Veterans Law Judge.  A transcript of that hearing is of record.

In September 2016 and March 2018, the Veteran’s claim was remanded for further development.

1. Entitlement to a rating higher than 20 percent for a left leg disability is remanded.

The March 2018 Board remand directed the examiner to evaluate the severity of the Veteran’s hip and knee, to specifically include ranges of motion for passive and active motion.  In the July 2019 VA examination reports, the examiner did not include range of motion testing results for passive and active motion.  The Board finds that examination incomplete.  When VA obtains an examination or opinion, the examination or opinion must be adequate.  Barr v. Nicholson, 21 Vet. App. 303 (2007).  Therefore, remand is necessary to obtain a new VA examination.

The matters are REMANDED for the following action:

1. Obtain all VA treatment records not already of record.

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2. Then, schedule the Veteran for a VA examination of the service-connected left leg disability, to include specific examinations for any symptoms and manifestations of the hip and knees.  The examiner must review the claims file and should note that review in the report.  The examiner is asked to report on the current nature and severity of the left leg disability, to include a current diagnosis.  All appropriate tests or studies should be accomplished, and all clinical findings should be reported in detail.  The examiner should provide range of motion of the knee and hips for passive and active motion and on weight-bearing and nonweight-bearing, with comparison to the other leg.  The examiner should state whether there is any additional loss of function due to pain, excess motion, weakened motion, fatigability, incoordination, or on flare up.  The examiner should state whether there is any malunion of the femur and if so, should state whether slight, moderate, or marked knee disability or hip disability is shown.  A complete rationale for any opinion expressed should be included in the examination report.

 

 

Harvey P. Roberts

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	C. Kass

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.