Citation Nr: 21004515 Decision Date: 01/27/21 Archive Date: 01/27/21 DOCKET NO. 07-19 609 DATE: January 27, 2021 REMANDED Entitlement to a rating in excess of 10 percent for service-connected left knee degenerative joint disease is remanded. Entitlement to a rating in excess of 10 percent for service-connected right knee degenerative joint disease is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1994 to August 1997. This appeal comes before the Board of Veterans’ Appeals (Board) from a January 2006 rating decision which, in pertinent part, continued the 10 percent ratings assigned for the Veteran’s service-connected left and right knee disabilities. In October 2009, the Veteran testified before the undersigned Acting Veterans Law Judge via video conference; a transcript of the hearing is associated with the claims file. This appeal has an extensive procedural history that includes numerous remands issued by the U.S. Court of Appeals for Veterans Claims (Court) and Board to ensure the Veteran has been provided an adequate VA examination to determine the severity of his bilateral knee disabilities. Unfortunately, for the reasons explained below, an additional remand is needed. In April 2018, the Board remanded this appeal pursuant to a December 2017 Joint Motion for Remand (JMR) and Court Order and directed that the Veteran be afforded a VA knee examination wherein the examiner conduct range of motion testing on active and passive motion and in weight-bearing and nonweight-bearing and also make a determination of whether the Veteran experienced additional loss of motion due to weakened movement, fatigability, or incoordination, as well as pain during flare-ups or with repeated use over time. The Board also directed the examiner to consider a January 2008 private treatment record that indicated a positive McMurray’s test in the lateral joint line of the right knee. See April 2018 Board remand. In this regard, the Veteran has asserted that the positive McMurray’s test in January 2008 is objective evidence that supports the grant of a separate rating for instability. See March 2018 Veteran statement. The Veteran was afforded a VA knee examination in January 2019; however, it is not clear if the examiner considered the positive McMurray’s test reflected in the January 2008 private treatment record, as it was not mentioned or otherwise addressed therein. See January 2019 VA examination. The Board remanded this appeal again in March 2020 on the basis that the January 2019 VA examination was inadequate with respect to examiner’s response regarding the Veteran’s functional loss due to pain, weakness, fatigability, and incoordination during flare-ups and repeated use, but the Board not note the deficiency in the previous VA examination with respect to the January 2008 positive McMurray’s test. As a result, the subsequent VA examination conducted in September 2020 did not address this finding, which leaves the evidentiary record in the same posture as it was at the time of the April 2018 remand with respect to the significance of the January 2008 positive McMurray’s test. Therefore, the Board finds a remand is needed to obtain an addendum opinion that addresses the positive McMurray’s test reflected in the January 2008 private treatment record. The matters are REMANDED for the following action: 1. Request that an appropriate medical professional review the claims file and provide an addendum opinion regarding the January 2008 private treatment record that reflects a positive McMurray’s test in the lateral joint line of the right knee. After reviewing the claims file, the examiner is requested to provide an opinion as to the following: a. Is the January 2008 positive McMurray’s test evidence of instability in the right knee joint? b. If not, discuss the significance of this finding with respect to the right knee meniscal tear documented in the claims file, to include a discussion of whether the positive McMurray’s test is consistent with or indicative of the findings of locking pain and effusion in the right knee. A well-reasoned rationale must be provided in support of each opinion offered. T.D. JONES Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Turnipseed, 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.