Citation Nr: 21000426
Decision Date: 01/05/21	Archive Date: 01/05/21

DOCKET NO. 17-06 132
DATE: January 5, 2021

REMANDED

Entitlement to an increased rating higher than 10 percent for the service-connected left knee disability, to include a temporary total disability rating following knee replacement, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from July 1984 to November 1984. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2014 rating decision.  In November 2020, she had a hearing before the undersigned Veterans Law Judge.

The Board finds that a remand is necessary for outstanding VA treatment records and a new VA examination to assess the current severity of the Veteran’s knee disability, to include an opinion on whether her arthritis, which resulted in a knee replacement, is a progression of the service-connected disability or otherwise related to the in-service injury. 

The matters are REMANDED for the following action:

1. Obtain the following VA treatment records: 

•	Washington DC VAMC from January 2017 to the present; 

•	Jesse Brown VAMC (Chicago) December 2016 to December 2017; and 

•	Orlando VA Healthcare System from January 2004 to June 2011.

2. DO NOT SCHEDULE THE FOLLOWING until all the above VA records have been obtained, to the extent available. 

3. Schedule the Veteran for a VA examination to assess the current severity of her left knee disability. 

In a 1987 rating decision, the Veteran was granted service connection for status post surgery for dislocation of the patella.  See the October 1984 medical evaluation (received February 1985) (showing chronic subluxation of left knee during service); December 1984 surgical records (received April 1986); and August 1986 VA examination report.  She testified that in the early 2000’s she began to receive treatment at the VA in Orlando and was diagnosed with arthritis.  (Currently, the earliest diagnosis of arthritis of the knee shown in the record is from August 2013, which indicates x-rays showed early tricompartment osteoarthritis, so the examiner is directed to any additional VA records obtained on remand.)  See also October 2013 VA orthopedic record noting MRI of the knee showed old degenerative tear of the lateral meniscus and degenerative changes in the medial and patellofemoral compartments. In 2019, she had a knee replacement.

After examination and a review of the claims file, the examiner should respond to the following questions:

(a.) Is the Veteran’s left knee arthritis a natural progression of her service-connected left knee disability (status post surgery for dislocation of the patella)?

(b.) If not, is it at least as likely as not that the left knee arthritis is otherwise related to a disease or injury during service?

The examiner should also review the following records prior to issuing an opinion: April 2014 and July 2019 VA examinations; and the Veteran’s private treatment records (received July 2019, August 2020, and November 2020). 

 

 

MICHELLE L. KANE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Lavan, 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.