Citation Nr: 21062828
Decision Date: 10/12/21	Archive Date: 10/12/21

DOCKET NO. 17-40 043
DATE: October 12, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran had active service from January 1989 to April 1993. 

A July 2021 brief reports a new history that the left knee disability "can at times result in an inability to squat and kneel."  The record was previously absent any history of inability to squat or kneel, and the Board finds the brief suggests a potential worsening of the left knee disability since the prior examination in November 2020, when the Veteran only reported decreased ability to squat and kneel during flares.  Thus, the Board finds another VA examination is warranted to determine the current impairment associated with the left knee flexion.  

The matters are REMANDED for the following action:

Afford the Veteran a VA examination to determine the current degree of severity of the service-connected left knee disability.  All studies, tests, and evaluations deemed necessary by the examiner should be performed.  Ensure that the examiner provides all information required for rating purposes, including ranges of active and passive motion and with and without weight-bearing and including pursuant to the "new" rating criteria (effective February 7, 2021).  

The examiner must describe whether pain, weakness, or incoordination significantly limits functional ability during flares or repetitive use, and if so, the examiner must estimate range of motion during flares.  If the examination does not take place during a flare, the examiner should have the Veteran describe and/or demonstrate the extent of motion loss during flares or repetitive use and provide the extent of motion loss described in terms of degrees.  If there is no pain and/or no limitation of function, such facts must be noted in the report.  It is insufficient to conclude that the requested opinion cannot be rendered without resorting to speculation based solely on the fact that the VA examinations were not performed during a flare-up. 

The examiner must attempt to describe the severity of the disability without consideration of the ameliorative effects of medication.

The examiner must provide the ranges of passive motion and motion with and without weightbearing or provide a reason such testing is not appropriate.  

 

 

T. REYNOLDS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	N. Snyder, 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.