Citation Nr: 21061856
Decision Date: 10/05/21	Archive Date: 10/05/21

DOCKET NO. 09-28 854
DATE: October 5, 2021

REMANDED

Entitlement to an initial rating in excess of 10 percent for a left knee condition is remanded.

REASONS FOR REMAND

The Veteran served in the Army from July 1983 to February 1991.

A July 2020 Board decision denied entitlement to an initial rating in excess of 10 percent for a left knee condition. The appellant appealed that decision to the CAVC. A March 2021 CAVC Order vacated the July 2020 Board decision that denied entitlement to an initial rating in excess of 10 percent for a left knee condition and remanded the matter to the Board for further adjudication.

1. Entitlement to an initial rating in excess of 10 percent for a left knee condition is remanded.

In this case, the Veteran underwent a VA examination in June 2019 to assess the severity of his left knee condition.  During this examination, the examiner incorrectly stated that the Veteran complained of flare-ups of the right knee.  An addendum opinion was provided in May 2020 clarifying that the complaint was for the left knee and not the right knee.  However, the examiner did not provide an estimated range of motion loss from flare-ups due to the left knee nor did he provide an opinion regarding range of motion loss due to flare ups of the left knee. Therefore, the Board finds that a remand is required to obtain a new VA examination to assess the Veterans range of motion loss due to flare ups of the left knee.  

The matters are REMANDED for the following action:

1. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected left knee condition.  The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria.  

In so doing, the examiner must attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups.  If it is not possible to provide a specific measurement based on direct observation, the examiner should provide an estimate, if at all possible, of the additional impairment due to flare-ups based on the other evidence of record and the Veteran's statements.  

If it is not possible to provide a specific measurement without speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner (does not have the knowledge or training).   

However, any estimate provided would help the Board in evaluating this claim.   

 

B.T. KNOPE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Vample, Erica