Citation Nr: 20004580 Decision Date: 01/21/20 Archive Date: 01/21/20 DOCKET NO. 12-04 799 DATE: January 21, 2020 REMANDED Entitlement to a rating higher than 10 percent for a left knee disability prior to October 14, 2014, and higher than 30 percent as of December 1, 2015, is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1991 to April 1993. In May 2014, the Veteran testified at a hearing before the undersigned Veterans Law Judge. A transcript of the hearing is of record. In November 2014, September 2016, and January 2018, the Board remanded this claim for additional development. 1. Entitlement to increased ratings for a left knee disability is remanded. The Veteran attended a VA examination in January 2019. While the Board appreciates the examiner’s findings and conclusions, they are incomplete. Notably, the January 2019 examiner provided no opinion whether the reported flare-ups with hospitalization and pain rated between 7 and 9 out of 10 represented occasional incapacitation or chronic severe painful motion, as requested by the Board in the January 2018 remand instructions. The examiner did not address whether there is severe painful motion or weakness in left knee. In addition, the examiner indicated that passive range of motion testing was not medically appropriate or could not be performed, but without explanation or any estimation provided. When VA provides an examination or obtains an opinion, the examination or opinion must be adequate. Barr v. Nicholson, 21 Vet. App. 303 (2007). A remand is necessary to provide the Veteran with additional examination. The matters are REMANDED for the following action: 1. With any necessary authorization from the Veteran, obtain any outstanding VA or private treatment records. All attempts to locate records must be documented in the claims file. 2. Then, schedule the Veteran for a VA joints examination to determine the current nature and severity of a service-connected left knee disability. The examiner must review the claims file and should note that review in the report. All appropriate tests and studies must be accomplished, and all clinical findings must be reported in detail. The medical and lay evidence of record should be taken into account and a rationale must be provided for any opinion expressed, to include reference to pertinent evidence where appropriate. The examiner should specifically state ranges of motion for active and passive motion and on weight bearing and non-weight bearing. The examiner should comment on whether there is any additional loss of function due to weakened movement, excess motion, incoordination, fatigability, pain on use, or on flare up. The examiner should describe any claimed flare ups, to include the frequency and severity, and opine as to any additional functional loss on flare up. If the examiner is unable to accomplish any of the required range of motion testing, the examiner should explain why. The examiner should describe the severity of any recurrent subluxation or lateral instability and should specifically state whether or not recurrent subluxation or lateral instability is shown. The examiner should opine whether the reported flare-ups with hospitalization and pain rated between 7 and 9 out of 10 represent occasional incapacitation or chronic severe painful motion. In addition, the examiner should provide an opinion as to whether there is severe painful motion or weakness in the knee. The examination should include a statement as the effect of the service-connected left knee disabilities on the Veteran’s occupational functioning and daily activities. The examiner should provide a complete rationale for any opinions provided. 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.