Citation Nr: 21000959 Decision Date: 01/06/21 Archive Date: 01/06/21 DOCKET NO. 14-03 220 DATE: January 6, 2021 REMANDED Entitlement to an increased rating in excess of 10 percent for a right knee condition is remanded. REASONS FOR REMAND The Veteran served on active duty from April 1969 to November 1975 and April 1977 to August 1990. The Veteran appealed a February 2013 rating decision by the Agency of Original Jurisdiction (AOJ). The Board finds that further evidentiary development is necessary and remands the case to ensure compliance with the Board’s prior remand instructions. See Stegall v. West, 11 Vet. App. 268, 271 (1998). The December 2019 Board decision remanded the issue to obtain certain medical treatment records and for a new VA examination given evidence of worsening since the Veteran’s last VA examination in February 2013. A new VA examination was conducted in February 2020. However, the Board finds the February 2020 VA examination inadequate because the VA examiner failed to elicit sufficient information regarding flare-ups. The February 2020 VA examiner noted the existence of moderate flare-ups in the right knee that occur a few times per day, last 15 seconds, and are alleviated by changing position. However, the VA examiner did not indicate any additional loss in range of motion (ROM) or functional limitations. Importantly, the VA examiner noted the Veteran’s flare-ups are positional. However, not enough details were elicited to gauge at what position or ROM measurement the Veteran’s right knee flare-ups and pain began. Given the frequency of the Veteran’s flare-ups, such details are important to assess the functional limitations of the Veteran’s right knee condition. In Sharp v. Shulkin, the Court of Appeals for Veterans Claims (Court) held that a VA examination is inadequate when the VA examiner does not elicit relevant information as to the Veteran’s flares or ask him to describe additional functional loss, if any, he suffered during flares and then does not “estimate the [Veteran’s] functional loss due to flares based on all the evidence of record (including the [Veteran’s] lay information) or explain why [he or she] could not do so.” 29 Vet. App. 26, 35 (2019). As such, a new VA examination is warranted. The matter is REMANDED for the following action: 1. Obtain any outstanding VA and/or private treatment records relevant to treatment the Veteran received for his right knee condition that are not already of record. All obtained records should be associated with the evidentiary record. If any identified records are not obtainable (or none exist), the Veteran and his representative should be notified, and the record clearly documented. 2. Schedule the Veteran for an examination of the current severity of his right knee condition. The examiner must test the Veteran’s active motion, passive motion, and pain with weight-bearing and without weight-bearing (if applicable). 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. The examiner must detail the range of motion loss during flare ups. The examiner should identify any symptoms and functional impairments due to the Veteran’s condition and discuss the effect of the Veteran’s condition on any occupational functioning and activities of daily living. 3. After the above development has been completed to the extent possible, readjudicate the claim. If any benefit sought remains denied, provide the Veteran and his representative with a supplemental statement of the case (SSOC), and return the case to the Board, if otherwise in order. DONNIE R. HACHEY Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Zheng, Associate 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.