Citation Nr: 20021865 Decision Date: 03/27/20 Archive Date: 03/27/20 DOCKET NO. 14-33 704 DATE: March 27, 2020 REMANDED Entitlement to a rating in excess of 10 percent for left knee osteoarthritis is remanded. Entitlement to a rating in excess of 10 percent for left knee instability associated with left knee osteoarthritis is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1989 to April 1996. 1. Entitlement to a rating in excess of 10 percent for left knee osteoarthritis is remanded. 2. Entitlement to a rating in excess of 10 percent for left knee instability associated with left knee osteoarthritis is remanded. The Veteran is currently service connected for left knee osteoarthritis, rated as 10 percent disabling, under Diagnostic Code (DC) 5010-5260 for limitation of motion, and left knee instability, rated as 10 percent disabling, under DC 5257 for instability. He contends that the current severity of his left knee disabilities warrants increased evaluations. Having reviewed the record evidence, the Board finds that additional development is necessary before the underlying claims can be adjudicated on the merits. The Veteran last underwent VA examination in May 2017. He provided statements in support of his claim that his knee condition has worsened over time, resulting in severe arthritis and additional damage to his knee post-surgery. His representative also indicated that the severity of his condition warrants a higher evaluation and that he has had treatment from the Chicago VA Medical Center and his private physician at I.S. Medical Center. Given these allegations of worsening symptoms, and indications that medical records are missing from the claims file, the Board believes a remand is necessary to obtain missing records, and an updated VA examination, before the question as to whether higher ratings are warranted can be decided. The matters are REMANDED for the following action: 1. Obtain all outstanding VA and private treatment records, to include VA treatment records since August 2017, and private treatment records from I.S. Medical Center, and associate them with the claims file. 2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected left knee disability. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria. In so doing, the examiner must test the Veteran’s active motion, passive motion, and pain with weight-bearing and without weight-bearing. If it is not possible to provide a specific measurement without speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner (does not have the knowledge or training). The examiner must also attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups. If it is not possible to provide a specific measurement based on direct observation, the examiner should provide an estimate, if at all possible, of the additional impairment due to flare-ups based on the other evidence of record and the Veteran’s statements. If it is not possible to provide a specific measurement without speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner (does not have the knowledge or training). 3. After the above development has been completed, readjudicate the issues on appeal. If the benefit sought is not granted to the Veteran’s satisfaction, send the Veteran and his representative a Supplemental Statement of the Case and provide an opportunity to respond. If necessary, return the case to the Board for further appellate review. SHEREEN M. MARCUS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board I. Warren 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.