Citation Nr: 21062187 Decision Date: 10/06/21 Archive Date: 10/06/21 DOCKET NO. 17-37 369 DATE: October 6, 2021 REMANDED 1. The issue of entitlement to an initial rating in excess of 10 percent for the thoracolumbar strain with intervertebral disc syndrome (low back disability) is remanded. 2. The issue of entitlement to an initial rating in excess of 10 percent for the left knee strain (left knee disability) is remanded. 3. The issue of entitlement to an initial rating in excess of 10 percent for the right knee strain (right knee disability) is remanded. REASONS FOR REMAND The Veteran served on active duty from January 2009 to January 2013. These matters come before the Board of Veterans' Appeals (BVA or Board) on appeal from an August 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). Additionally, the Veteran originally requested a hearing regarding his increased rating claims. However, in August 2021 correspondence, he withdrew his hearing request. Thus, the request is deemed withdrawn. The issues of entitlement to increased ratings, in excess of 10 percent, for the low back and bilateral knee disabilities are remanded. In the November 2013 Notice of Disagreement, the Veteran indicated that his disabilities had worsened. He stated that he experienced increased limitations regarding his daily activities due to his back and knee conditions. He also reported that the effectiveness of his prescribed medications had diminished over time. As the previous examinations did not reflect reports of such pain, the current statements indicate that his conditions may have worsened in severity. Thus, additional development is necessary prior to adjudicating the increased rating claims. Based on the indication of worsening symptomatology, the medical evidence of record, and the fact that his last VA examinations related to these conditions took place in 2013, the Board finds that he should be afforded new VA examinations to determine the current severity of his service-connected low back and bilateral knee disabilities. See Snuffer v. Gober, 10 Vet. App. 400 (1997). The matters are REMANDED for the following action: 1. Provide the Veteran an opportunity to identify any outstanding medical treatment records relevant to his disabilities. After obtaining necessary authorization from the Veteran, all outstanding records should be obtained. 2. Schedule a VA examination to ascertain the current severity of the Veteran's service-connected low back disability. The VA electronic claims file, including a copy of this remand must be made available to and be reviewed by the examiner. All indicated testing should be accomplished and all symptomatology associated with the relevant disabilities should be identified. In addition to all findings identified on the appropriate examination form, the examiner should determine the effective range of motion in the Veteran's low back and present the results of range of motion tests in a written report by recording separate sets of the range of motion test results for both active and passive motion, and in weight bearing and non weight-bearing. The examiner's report should describe objective evidence of painful motion, if any, during each test. If any of these findings are not possible, please provide an explanation. The examiner is asked to describe whether pain, weakness, fatigue and/or incoordination significantly limits functional ability during flares or repetitive use, and if so, the examiner must estimate range of motion during flares or repetitive use. 3. Schedule a VA examination to ascertain the current severity of the Veteran's service-connected right and left knee disabilities. The VA electronic claims file, including a copy of this remand must be made available to and be reviewed by the examiner. All indicated testing should be accomplished and all symptomatology associated with the relevant disabilities should be identified. In addition to all findings identified on the appropriate examination form, the examiner should determine the effective range of motion in the Veteran's right and left knees and present the results of range of motion tests in a written report by recording separate sets of the range of motion test results for both active and passive motion, and in weight bearing and non weight-bearing, and the range of motion in the opposite joint. The examiner's report should describe objective evidence of painful motion, if any, during each test. It is not sufficient merely to indicate whether or not pain was present during one of the required range of motion tests, and it is requested that the examiner indicate the point at which pain begins. If any of these findings are not possible, please provide an explanation. The examiner is asked to describe whether pain, weakness, fatigue and/or incoordination significantly limits functional ability during flares or repetitive use, and if so, the examiner must estimate range of motion during flares or repetitive use. S. Sorathia Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Erin J. Trojanowski, 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.