Citation Nr: 21001015 Decision Date: 01/06/21 Archive Date: 01/06/21 DOCKET NO. 09-29 798 DATE: January 6, 2021 REMANDED Entitlement to a rating in excess of 10 percent for right knee arthritis is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Air Force from July 1963 to February 1984. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2008 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In December 2014 and November 2020, the Veteran testified before the undersigned Veterans Law Judge. In April 2015 and August 2018, the Board remanded the appeal for additional development. Review of the record reveals that the Veteran underwent VA knee examination in September 2017; however, this examination does not comply with Sharp v. Shulkin, 29 Vet. App. 26, 33 (2017) (the examiner should “estimate the functional loss that would occur during flares.”). In addition, the Veteran has challenged the adequacy of the November 2017 examination, stating that his right knee was not evaluated using a goniometer, and that range of motion measurements were inaccurately approximated. See August 2020 Hearing Transcript at 3. In light of the forgoing, the Board finds that the Veteran should be afforded a new VA examination that complies with the holdings of Sharp and that utilizes adequate examination procedures. Any outstanding treatment records should also be secured. The matter is REMANDED for the following action: 1. Obtain all outstanding VA treatment records. 2. With any necessary assistance from the Veteran, obtain any outstanding relevant private treatment records. 3. Schedule the Veteran for a VA examination, with an examiner other than the November 2017 VA examiner, to determine the current nature and severity of his right knee disability. The claims file and a copy of this REMAND must be made available to, and reviewed by, the examiner. All findings should be reported in detail. The examiner is asked to address the following: Full range of motion testing must be performed where possible. The joints involved should be tested in (1) active motion, (2) passive motion, (3) in weight-bearing, (4) in nonweight-bearing, and (5) the opposite undamaged joint, if possible. If the examiner is unable to conduct the required testing or concludes that the required testing is not necessary in this case, he or she should clearly explain why that is so. Considering the Veteran’s reported history, please also provide an opinion describing functional impairment of the Veteran’s right knee due to flare-ups, accounting for pain, incoordination, weakened movement, and excess fatigability on use, and, to the extent possible, report such impairment in terms of additional degrees of limitation of motion. If the examiner is unable to provide such an opinion without resort to speculation, the examiner must provide a rationale for this conclusion, with specific consideration of the instructions in the VA Clinician’s Guide to estimate, “per [the] veteran,” what extent, if any, flare-ups affect functional impairment. The examiner must include a discussion of any specific facts that cannot be determined if unable to opine without speculation. A complete rationale shall be given for all opinions and conclusions expressed. S. BUSH Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K. Forde, 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.