Citation Nr: 21000568 Decision Date: 01/05/21 Archive Date: 01/05/21 DOCKET NO. 17-09 935 DATE: January 5, 2021 REMANDED A rating in excess of 20 percent for residuals of meniscal tear and bursitis of the right knee (limitation of flexion). A rating in excess of 20 percent for residuals of meniscal tear with bursitis of the left knee (limitation of flexion). A compensable rating for residuals of meniscal tear and bursitis of the right knee (limitation of extension). A compensable rating for residuals of meniscal tear and bursitis of the left knee (limitation of extension). REASONS FOR REMAND In October 2020 the Veteran testified at a videoconference hearing held before the undersigned Veterans Law Judge. A transcript of the hearing is of record. The record reflects that the Veteran receives private medical treatment for his service-connected knee disabilities. Specifically, at the videoconference hearing he indicated that he underwent surgery in 2018 with Dr. M. at St. Joseph’s Hospital; however, the private treatment records are not of record and an attempt should be made to obtain them. Next, the Veteran testified that knee disabilities were worse since his last VA examination in August 2015. As such, a remand for an updated examination is needed. The matters are REMANDED for the following actions: 1. Contact the Veteran and request that he complete and return a VA Form 21-4142, Authorization and Consent to Release Information, for the private treatment and surgical records for his bilateral knee disabilities from Dr. M. at St. Joseph’s Hospital. 2. If the Veteran completes and returns the VA Form 21-4142, Authorization and Consent to Release Information, contact the appropriate medical care provider(s) and request copies for association with the electronic claims file of any and all records of treatment that he received from the medical care provider(s), to include surgical reports, hospital reports, and treatment reports. 3. Any documents received by VA pursuant to the request for private treatment records should be associated with the record. At least two requests for the private records should be made, unless it is made evident by the first request that a second request would be futile in obtaining such records. 4. Any negative responses should be properly documented in the record. Notify the Veteran and the representative if the private treatment records are unavailable. 5. Schedule the Veteran for an examination to assess the current severity of his service-connected bilateral knee disabilities. The record must be made available to the examiner. Any indicated evaluations, studies, and tests should be conducted. The examination should be conducted in accordance with the current disability benefits questionnaire. L. HOWELL Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board E. Redman, 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.