Citation Nr: 21000637 Decision Date: 01/05/21 Archive Date: 01/05/21 DOCKET NO. 12-31 168A DATE: January 5, 2021 REMANDED Entitlement to a disability rating in excess of 10 percent for left knee patellofemoral syndrome, is remanded. Entitlement to an initial disability rating in excess of 30 percent for left knee, recurrent patellar dislocation and instability. Entitlement to an initial compensable disability rating for left knee, limited extension. REASONS FOR REMAND The Veteran served on active duty from May 2003 to May 2007. This matter is before the Board of Veterans’ Appeals (Board) on appeal of a May 2011 rating decision of a Regional Office (RO) of the Department of Veterans Affairs (VA). In a November 2016 rating decision, the RO granted a 10 percent disability rating from April 15, 2020 and a temporary total rating (TTR) due to surgical or other treatment necessitating convalescence from August 27, 2010 to November 1, 2010. The decision also granted separate disability ratings for left knee recurrent patellar dislocation and instability and left knee limited extension. The Veteran was scheduled for an April 2017 videoconference hearing before a Veterans Law Judge (VLJ) at the Board. However, the Veteran failed to appear for the hearing, and provided no cause or explanation for failure to appear; as so, the hearing requested is deemed as withdrawn as set out under the provisions of 38 C.F.R. § 20.704(d). 1. Entitlement to a disability rating in excess of 10 percent for left knee patellofemoral syndrome, is remanded. 2. Entitlement to an initial disability rating in excess of 30 percent for left knee, recurrent patellar dislocation and instability. 3. Entitlement to an initial compensable disability rating for left knee, limited extension. Private treatment records show the Veteran underwent an additional left knee surgery in 2017, after the most recent 2016 VA examination. As such, the Board finds the Veteran’s left knee disabilities may have increased in severity since she was last examined by VA and the Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of her left knee disabilities. Additionally, treatment records from this surgery are not included in the claims file and should also be obtained. The matters are REMANDED for the following action: 1. Ask the Veteran to complete a VA Form 21-4142 for any private treatment provider which treated her left knee disability. Make two requests for the authorized records from any identified private treatment provider unless it is clear after the first request that a second request would be futile. 2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of her service-connected left knee disabilities. The examiner should provide a full description of the disabilities 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). (Continued on the next page)   Also, the examiner 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 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). D. SMART Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. M. Donahue Boushehri, 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.