Citation Nr: 21061760 Decision Date: 10/05/21 Archive Date: 10/05/21 DOCKET NO. 08-37 924 DATE: October 5, 2021 REMANDED Entitlement to a disability rating in excess of 20 percent for right knee impairment with status-post cruciate ligament tear is remanded. Entitlement to a disability rating in excess of 10 percent for left knee sprain is remanded. Entitlement to an initial disability rating in excess of 10 percent for arthritis of the right hip and thigh is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Marine Corps from June 1986 to November 1995. This matter comes before the Board of Veterans' Appeals (Board) from March 2007, October 2007, and March 2009 rating decisions issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Columbia, South Carolina. In August 2013, the Veteran testified before the undersigned at a Central Office hearing. A transcript of that hearing is of record. In December 2016, the Board remanded the Veteran's claims. The first reason for remand was to conduct VA hip and knee examinations that comply with the requirements of Correia. The second reason was to issue an SOC for the Veteran's claims of entitlement to a rating in excess of 50 percent for PTSD and an earlier effective date for the grant of service connection for PTSD. In January 2018, the case returned to the Board. The Board remanded the Veteran's right knee disability, left knee disability, and right hip disability for additional examinations. In addition, the Board once again requested the RO to issue a SOC because the December 2016 remand directive was not carried out. In February 2021, the case returned to the Board. The Board remanded these issues in order for the Veteran to attend an additional VA examination so that a VA examiner could address the Veteran's flareups. 1. Entitlement to a disability rating in excess of 20 percent for right knee impairment with status-post cruciate ligament tea is remanded. 2. Entitlement to a disability rating in excess of 10 percent for left knee sprain is remanded. 3. Entitlement to an initial disability rating in excess of 10 percent for arthritis of the right hip and thigh is remanded. The Board notes that the Veteran attended a VA examination for these issues in May 2021. The Board acknowledges that the Veteran is experiencing lower extremity paralysis; however, the examiner did not record any passive range of motion measurements and the examiner did not provide an opinion or findings that addressed the Veteran's flareups. Thus, the Board finds this examination inadequate and the Board further finds that there has not been substantial compliance with the Board's previous remand directives. Accordingly, the Board finds that a remand is required in order for the Veteran to attend an additional VA examination that adequately addresses the Veteran's flareups. See 38 U.S.C. § 5103A(d); 38 C.F.R. § 3.310; Barr v. Nicholson, 21 Vet. App. 303, 312 (2007) (holding that when VA undertakes to provide a VA examination or obtain a VA opinion, it must ensure that the examination or opinion is adequate); Bloom v. West, 13 Vet. App. 185, 187 (1999) (a medical opinion without supporting clinical data or other rationale does not provide the required degree of medical certainty). The matters are REMANDED for the following action: 1. Obtain the Veteran's VA treatment records from February 25, 2021, to the present. 2. Schedule the Veteran for a VA examination to determine the severity of his left knee, right knee, and right hip disability. The examiner must request the Veteran to identify the extent of his functional loss during flare-ups that have occurred throughout the course of the appeal and then provide range of motion estimates based on that information. The examiner should also perform appropriate passive range of motion testing on the Veteran. If the examiner feels that this would be unhelpful, the examiner must state why he or she reached that conclusion. In providing all of the requested opinions, the examiner should consider the Veteran's competent lay claims regarding the observable symptoms he has experienced. The VA examination report must include a complete rationale for all opinions expressed. Michael J. Skaltsounis Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Rescan, 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.