Citation Nr: 20007835 Decision Date: 01/30/20 Archive Date: 01/30/20 DOCKET NO. 15-07 686 DATE: January 30, 2020 REMANDED Entitlement to an initial rating in excess of 10 percent, from July 8, 2013, for left ankle status post fracture associated with left knee residuals, is remanded. Entitlement to a rating in excess of 30 percent, from January 1, 2015, for status post left total knee arthroplasty, is remanded. Entitlement to service connection for a right knee disability, to include degenerative joint disease, claimed as secondary to service-connected left knee injury residuals with degenerative arthritis, is remanded. REASONS FOR REMAND The Veteran had active service from May to October 1970. These matters come before the Board of Veterans’ Appeals (Board) on appeal from a rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). All matters are remanded. In July 2018, the Board remanded the matters to afford the Veteran a VA examination to determine the etiology of his right knee disability and the current severity of his left knee and ankle disabilities. In July 2019, it was noted that the Veteran failed to appear for the examinations. However, there is no record of the Veteran being properly notified of the scheduled examination. Further, in a January 2020 Appellant brief, the Veteran’s representative indicated that the Veteran was unaware of the scheduled examinations and therefore did not intentionally fail to appear. Therefore, the Board finds that a remand is necessary to afford the Veteran another opportunity to appear for an examination. Also, on remand, up to date VA treatment records should be associated with the Veteran’s electronic claims folder. The matters are REMANDED for the following action: 1. Associate with the record any updated VA treatment records. 2. Then, schedule the Veteran for VA examination to determine the current severity of his left knee disability. A copy of the letter notifying the Veteran of the scheduled appointment should be associated with the electronic claims folder. The electronic claims folder, including a copy of this remand, must be made available to the examiner for review prior to the examination. Any indicated evaluations, studies, and tests should be conducted. The examination report should also include joint testing for pain on both active and passive motion, in weight-bearing and non weight-bearing, for both the joint in question and any paired joint. If the examiner is unable to conduct the required testing or concludes that the required testing is not necessary in this case, he or she should clearly explain why that is so. See Correia v. McDonald, 28 Vet. App. 158 (2016) (precedential finding that the final sentence of 38 C.F.R. § 4.59 requires that VA examinations include joint testing for pain on both active and passive motion, in weight-bearing and non weight-bearing and, if possible, with range of motion measurements of the opposite undamaged joint). 3. Then, schedule the Veteran for VA examination to determine the current severity of his left ankle disability. A copy of the letter notifying the Veteran of the scheduled appointment should be associated with the electronic claims folder. The electronic claims folder, including a copy of this remand, must be made available to the examiner for review prior to the examination. Any indicated evaluations, studies, and tests should be conducted. The examination report should also include joint testing for pain on both active and passive motion, in weight-bearing and non weight-bearing, for both the joint in question and any paired joint. If the examiner is unable to conduct the required testing or concludes that the required testing is not necessary in this case, he or she should clearly explain why that is so. 4. Then, schedule the Veteran for VA examination to determine the determine the etiology of his right knee disability. A copy of the letter notifying the Veteran of the scheduled appointment should be associated with the electronic claims folder. The electronic claims folder, including a copy of this remand, must be made available to the examiner for review prior to the examination. The examiner should provide an opinion as to following: Whether it is at least as likely as not (50 percent probability or greater) that Veteran’s right knee disability was caused or aggravated by his service-connected left knee disability or any other service-connected disabilities. If aggravation is found, provide the baseline manifestations and any increased manifestations due to the service-connected disability. A complete rationale for all opinions reached must be provided. Michael A. Pappas Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board L. Baskerville 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.