Citation Nr: 20006825 Decision Date: 01/28/20 Archive Date: 01/27/20 DOCKET NO. 18-16 164 DATE: January 28, 2020 REMANDED Entitlement to a disability rating in excess of 10 percent for right patellar tendonitis with degenerative joint disease (DJD) is remanded. Entitlement to a disability rating in excess of 10 percent for left patellar tendonitis with degenerative joint disease (DJD) is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1974 to July 1977. This case comes to the Board of Veterans’ Appeals (Board) on appeal from a June 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO), in Roanoke, VA. Entitlement to a disability rating in excess of 10 percent for bilateral patellar tendonitis with DJD is remanded. Although the Board regrets the additional delay, a remand is necessary to ensure that due process is followed and that there is a complete record upon which to decide the Veteran’s claims so that he is afforded every possible consideration. 38 U.S.C. § 5103A (2012); 38 C.F.R. § 3.159 (2019). The Veteran’s bilateral patellar tendonitis with DJD are both rated under Diagnostic Code (DC) 5003-5260. Service connection was granted in August 2013, each evaluated as 10 percent disabling effective February 2012. See August 2013 rating decision. The Veteran is seeking a disability rating in excess of 10 percent due to a worsening of conditions. See March 2018 Form 9. The Board notes that the Veteran was assigned a temporary 100 percent disability rating for his left patellar tendonitis with DJD, effective February 2017, based on left knee arthroscopic surgery. See September 2017 rating decision. The Veteran underwent a left knee arthroscopic surgery in February 2017. Some improvement in the Veteran’s left knee disability was reported following surgery but eventually a total knee replacement will likely be needed. See May 2018 VA treatment record. The Veteran was last afforded a VA examination in December 2017 for his bilateral knee disabilities. VA’s duty to assist includes the conduct of a thorough and comprehensive medical examination. Robinette v. Brown, 8 Vet. App. 69, 76 (1995). This includes providing a new medical examination when a Veteran asserts or provides evidence that a disability has worsened, and the available evidence is too old for an adequate evaluation of the current condition. Weggenmann v. Brown, 5 Vet. App. 281, 284 (1993); see also Caffrey v. Brown, 6 Vet. App. 377, 381 (1994) (finding that the Board should have ordered a contemporaneous examination of Veteran because a 23-month old exam was too remote in time to adequately support the decision in an appeal for an increased rating). The Veteran’s most recent medical examination is over two years old and he has stated that his bilateral knee disabilities have increased in severity. As such, a remand is required so that the Veteran can be afforded a new examination to determine the current severity of his service-connected bilateral patellar tendonitis with DJD. The matters are REMANDED for the following action: 1. Contact the Veteran and his representative and request that they provide or identify and authorize the recovery of any records of treatment for bilateral knee disabilities. If obtained, associate these treatment records with the electronic claims file. All records/responses received must be associated with the electronic claims file. 2. Obtain and associate any updated VA treatment records with the claims file. All records/responses received must be associated with the electronic claims file. 3. Schedule the Veteran for a VA examination with an appropriate examiner to determine the current severity and manifestations of his bilateral knee disabilities. The complete record, to include a copy of this remand and the claims folder, must be made available to and reviewed by the examiner in conjunction with the examination. The examination report must include a notation that this review of the evidence of record occurred. The examination must include range of motion studies of the knee. In reporting the range of motion findings, the examiner must comment on the extent of any painful motion, functional loss due to pain, weakness, excess fatigability, and additional disability during flare-ups. (Continued on the next page)   The examiner is asked to identify the symptoms and any impairment that currently result from the Veteran’s service-connected bilateral patellar tendonitis with DJD and discuss the functional effects. 4. After completing the above, and any other development as many be indicated by any response received as a consequence of the actions taken in the preceding paragraphs, the Veteran’s claims should be re-adjudicated based on the entirety of the evidence. If any benefits sought remain denied, furnish the Veteran and his representative a supplemental statement of the case (SSOC) and return the case to the Board. KRISTI L. GUNN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. C. Slaughter, 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.