Citation Nr: 21003849 Decision Date: 01/25/21 Archive Date: 01/25/21 DOCKET NO. 11-17 574 DATE: January 25, 2021 REMANDED Entitlement to a rating evaluation greater than 10 percent for right knee arthritis (instability) is remanded. Entitlement to a rating evaluation greater than 10 percent for right knee arthritis (limited flexion) is remanded. Entitlement to a rating evaluation greater than 30 percent for right knee arthritis (limited extension) is remanded. Entitlement to a rating evaluation greater than 10 percent for left knee arthritis prior to November 2, 2017 (instability) is remanded. Entitlement to a rating evaluation greater than 20 percent for left knee arthritis from November 2, 2017 (instability) is remanded. Entitlement to a rating evaluation greater than 10 percent for left knee arthritis (limited extension) prior to November 2, 2017 is remanded. Entitlement to a rating evaluation greater than 20 percent for left knee arthritis (limited extension) from November 2, 2017 is remanded. Entitlement to a rating evaluation greater than 10 percent for left knee arthritis (limited flexion) prior to November 2, 2017 is remanded. Entitlement to a rating evaluation greater than 20 percent for left knee arthritis (limited flexion) from November 2, 2017 is remanded. REASONS FOR REMAND The Veteran had active duty service from May 1983 to March 1989. This matter comes before the Board of Veterans’ Appeals (Board) from a March 2010 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). In July 2020, the Board remanded the claims on appeal to address the inadequacies of the VA examinations of record in accordance with the June 2019 United States Court of Appeal for Veterans Claims (CAVC) Joint Motion for Partial Remand (JMPR). For reasons detailed below, the Board does not find that substantial compliance has been achieved relative to its July 2020 remand directives. See Stegall v. West, 11 Vet. App. 268, 271 (1998). 1. Entitlement to a rating evaluation greater than 10 percent for right knee arthritis (instability) is remanded. 2. Entitlement to a rating evaluation greater than 10 percent for right knee arthritis (limited flexion) is remanded. 3. Entitlement to a rating evaluation greater than 30 percent for right knee arthritis (limited extension) is remanded. 4. Entitlement to a rating evaluation greater than 10 percent for left knee arthritis prior to November 2, 2017 (instability) is remanded. 5. Entitlement to a rating evaluation greater than 20 percent for left knee arthritis from November 2, 2017 (instability) is remanded. 6. Entitlement to a rating evaluation greater than 10 percent for left knee arthritis (limited extension) prior to November 2, 2017 is remanded. 7. Entitlement to a rating evaluation greater than 20 percent for left knee arthritis (limited extension) from November 2, 2017 is remanded. 8. Entitlement to a rating evaluation greater than 10 percent for left knee arthritis (limited flexion) prior to November 2, 2017 is remanded. 9. Entitlement to a rating evaluation greater than 20 percent for left knee arthritis (limited flexion) from November 2, 2017 is remanded. Per the Board’s July 2020 remand directives, the VA examiner was requested to provide retrospective medical opinions addressing (i) whether the Veteran’s bilateral knee disability was manifested by effusion and/or locking for the period prior to November 2, 2017; and (ii) retrospective assessments of what the likely range of motion would have measured on weight bearing conditions for the Veteran’s prior September 2010 and July 2016 VA examinations. Upon review of the October 2020 VA examination report, these opinions were not provided, nor were reasons given for not providing them. Additionally, while the October 2020 VA examiner indicated that there is evidence of pain with weight bearing, measurements of limitation of motion on weight bearing conditions were not provided. See Correia v. McDonald, 28 Vet. App. 158, 168 (2016). As such, the October 2020 VA examination is incomplete for purposes of adjudicating the present appeal. In the event that further in-person medical examination is needed in order to provide the aforesaid measurements, the Board will defer deciding any of the issues currently before it prior to the requested development herein being accomplished. The matters are REMANDED for the following action: 1. Associate with the Veteran’s claims file any outstanding VA treatment record since October 2019. 2. Obtain addendum medical opinions for the claims on appeal. Upon review of the record, to include this remand, opine as to the following (if the VA examiner deems an in-person VA examination necessary, schedule one): a.) Is it at least as likely as not (50 percent probability or greater) that the Veteran’s bilateral knee disability was manifested by effusion and/or locking for the period prior to November 2, 2017, particularly during a flare-up? b.) Provide retrospective assessments of what the likely ranges of motion would have measured on each prior examination, had ROM been tested in weight-bearing. If this assessment is not feasible, please clearly explain why that is so. See September 2010, July 2016, and October 2020 VA examination reports. K. J. ALIBRANDO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S.R. Fey, 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.