Citation Nr: 20052012 Decision Date: 08/05/20 Archive Date: 08/05/20 DOCKET NO. 16-63 337 DATE: August 5, 2020 REMANDED Entitlement to an increased rating for lumbar strain, rated as 10 percent disabling prior to December 10, 2016; and 20 percent disabling, thereafter, is remanded. Entitlement to an increased rating for left knee patellofemoral syndrome, rated as 0 percent disabling, prior to December 10, 2016; and 10 percent disabling, thereafter, is remanded. Entitlement to an increased rating for right knee patellofemoral syndrome, rated as 0 percent disabling, prior to December 10, 2016; and 10 percent disabling, thereafter, is remanded. REASONS FOR REMAND This matter is before the Board of Veterans’ Appeals (Board) from a March 2015 Agency of Original Jurisdiction (AOJ) rating decision. In March 2020, the Veteran and his wife testified before the undersigned Veterans Law Judge at a Board videoconference hearing. 1. Entitlement to an increased rating for lumbar strain, rated as 10 percent disabling prior to December 10, 2016; and 20 percent, thereafter, is remanded. During testimony at the March 2020 Board hearing, the Veteran asserted that the lumbar spine disability had increased in severity since the Veteran was last examined by VA. The Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of the lumbar spine disability. 2. Entitlement to an increased rating for left knee patellofemoral syndrome, rated as 0 percent disabling, prior to December 10, 2016; and 10 percent disabling, thereafter is remanded. 3. Entitlement to an increased rating for right knee patellofemoral syndrome, rated as 0 percent disabling, prior to December 10, 2016; and 10 percent disabling, thereafter is remanded. At the March 2020 Board hearing, the Veteran asserted that the bilateral knee disabilities had increased in severity since the Veteran was last examined by VA. The Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of the bilateral knee disabilities. The matters are REMANDED for the following action: 1. Obtain the Veteran’s VA treatment records for the period from December 2016 to present. 2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected lumbar spine 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. The examiner also must 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 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. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected bilateral knee disabilities. 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. The examiner also must 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 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).   4. A complete rationale for any expressed opinions should be provided by the examiner. S. L. Kennedy Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Sarah B. Richmond, 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.