Citation Nr: 21062291
Decision Date: 10/06/21	Archive Date: 10/06/21

DOCKET NO. 15-18 324
DATE: October 6, 2021

REMANDED

Entitlement to a disability rating in excess of 10 percent for Pellegrini-Stieda disease, with patellofemoral pain syndrome and degenerative arthritis of the right knee, is remanded.

Entitlement to an evaluation in excess of 10 percent for instability of the right knee is remanded.

REASONS FOR REMAND

The Veteran had active duty service with the U.S. Army from April 1988 to April 1992. 

This case comes before the Board of Veteran's Appeals (Board) on appeal from a November 2011 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

In May 2020, the Board denied a disability rating in excess of 10 percent for Pellegrini-Stieda disease, with patellofemoral pain syndrome and degenerative arthritis of the right knee; granted a separate 10 percent disability rating for instability of the right knee, beginning April 26, 2010; and remanded entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU). 

The Veteran filed an appeal to the Court of Appeals of Veterans Claims (the Court) contesting portions of the Board's May 2020 decision. The Veteran did not challenge the Board's decision to award a separate disability rating of 10 percent for instability of the right knee, but did challenge the denial of a rating in excess of such. In May 2021, on the basis of a Joint Motion for Partial Remand (JMPR), the Court vacated and remanded the Board's decision for further consideration. The matter is now before the Board again for further appellate review.

In May 2021 JMPR, the Court found that the Board erred when it did not provide an adequate statement of reasons or bases regarding whether the Veteran's condition more nearly approximates a rating in excess of 10 percent and whether his condition supported a separate rating under diagnostic code 5258. The parties agreed that the October 2011, July 2017, and April 2019 VA medical examinations were inadequate because the examiners failed to properly address the evidence concerning Veteran's torn meniscus. The Court noted that the Veteran requested the VA to consider his 2008 records. Further, the 2008 and 2014 MRI noted the tearing of his right meniscus. Therefore, a remand was warranted to afford the Veteran a new examination that properly considered his prior medical history and namely the findings of the 2008 and 2014 MRIs.  

The matters are REMANDED for the following action:

1. Obtain updated VA treatment records. 

2. Schedule the Veteran for a VA knee examination. Describe in full all disabilities and functional impairments of the right knee to include with repetitive motion and on flare-ups; instability and any prescribed assistive device; and meniscus complications.

The examiner must address the Veteran's 2008 and 2014 MRIs showing a meniscus tear. Further, the examiner must discuss his prior medical history concerning his meniscus complications.

3. Then, readjudicate the claims on appeal. If any benefits sought remain denied, issue a supplemental statement of the case and, after appropriate time for response, return the appeal to the Board if otherwise in order.

 

 

WILLIAM H. DONNELLY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Baxter 

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.