Citation Nr: 21002021 Decision Date: 01/12/21 Archive Date: 01/12/21 DOCKET NO. 16-45 587 DATE: January 12, 2021 REMANDED A rating in excess of 20 percent for postoperative internal derangement, left knee, with degenerative joint disease and instability. Service connection for a left ankle disorder. A temporary total evaluation for a period of post-surgical convalescence for the left ankle. REASONS FOR REMAND The Veteran served on active duty from October 1983 to January 1989 and has been 100 percent disabled since August 20017. In September 2019, the Board denied the issues on appeal. The Veteran appealed to the Veterans Claims Court. In May 2020, the Court Clerk granted a Joint Motion for Partial Remand (JMPR), vacating the Board’s decision. The Court Clerk found that the examinations were inadequate. Further, the issue of temporary total evaluation for a period of post-surgical convalescence for the left ankle is inextricably intertwined with the claim of entitlement to service connection for a left ankle disorder. Accordingly, a remand is warranted. The matters are REMANDED for the following actions: 1. Identify and obtain any pertinent, outstanding VA and private medical treatment records not already of record and associate them with the claims file. 2. Schedule the Veteran for an examination to determine the current status of impairment resulting from her service-connected left knee disorder. The claims file should be made available to, and reviewed by, the examiner. All indicated tests and studies should be performed. The examiner should provide all information required for rating purposes. • As part of the opinion, the examiner must address whether the Veteran experiences functional loss following repeated use over time or the effects of flare-ups or provide an explanation if an answer cannot be provided. • The examiner must also address whether any functional limitations demonstrate additional functional loss beyond that shown by range of motion testing. 3. Schedule the Veteran for an examination to determine the nature and etiology of a left ankle disorder. The claims file must be made available to, and reviewed by, the examiner. All indicated studies should be performed. Based on the examination results and review of the record, the examiner should provide an opinion as to the following: • whether it is at least as likely as not (a 50 percent probability or greater) that the Veteran’s left ankle disorder is etiologically related to service, to include as secondary to a left knee disability. L. HOWELL Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. Kokolas, 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.