Citation Nr: 21063171 Decision Date: 10/13/21 Archive Date: 10/13/21 DOCKET NO. 16-35 024 DATE: October 13, 2021 REMANDED Entitlement to a compensable rating for limitation of extension of the left knee, patellofemoral pain syndrome, medial collateral ligament strain, prior to April 11, 2019, and in excess of 40 percent, thereafter, is remanded. Entitlement to a rating in excess of 10 percent for limitation of flexion of the left knee, patellofemoral pain syndrome, medial collateral ligament strain, prior to April 11, 2019, and in excess of 20 percent, thereafter, is remanded. Entitlement to a rating in excess of 10 percent for impairment of the left knee, patellofemoral pain syndrome, medial collateral ligament strain, is remanded. REASONS FOR REMAND The Veteran served on active duty from September 2004 to February 2005 and from July 2006 to November 2007. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a September 2015 rating decision issued by the Department of Veterans Affairs (VA). This case was previously before the Board in June 2018, when it was remanded to the agency of original jurisdiction (AOJ) for additional development. In September 2019, after taking further action, the AOJ assigned a 20 percent rating for limitation of flexion of the left knee, and a 40 percent rating for limitation of extension of the left knee, effective April 11, 2019. In January 2021, the case returned to the Board. The Board remanded the Veteran's claims in order for the Veteran to attend an additional VA examination. The Board requested a VA examiner to provide a retrospective opinion regarding the functional loss that the Veteran experienced from September 2015 to April 2019. 1. Entitlement to a compensable rating for limitation of extension of the left knee, patellofemoral pain syndrome, medial collateral ligament strain, prior to April 11, 2019, and in excess of 40 percent, thereafter, is remanded. 2. Entitlement to a rating in excess of 10 percent for limitation of flexion of the left knee, patellofemoral pain syndrome, medial collateral ligament strain, prior to April 11, 2019, and in excess of 20 percent, thereafter, is remanded. 3. Entitlement to a rating in excess of 10 percent for impairment of the left knee, patellofemoral pain syndrome, medial collateral ligament strain, is remanded. In January 2021, the Board requested the VA examiner to provide a retrospective opinion on the functional loss that the Veteran experienced from September 2015 until April 2019. A review of the February 2021 VA examination report and April 2021 addendum opinion shows that the examiner provided an opinion that addressed the Veteran's pain on motion and lost range of motion during repeated use over time, but the examiner did not provide a medical opinion that addressed the lost range of motion that the Veteran experienced during flareups prior to April 2019. Accordingly, the Board finds that this medical opinion is inadequate because the examiner did not address the Veteran's flareups prior to April 2019, and the Board further finds that there has not been substantial compliance with the remand orders; therefore, these matters must be remanded once again for compliance with the previous order/completion of the actions sought. Stegall v. West, 11 Vet. App. 268 (1998) (holding that where the remand orders of the Board are not satisfied the Board itself errs in failing to ensure compliance). Moreover, the Board notes that additional VA treatment records were translated and added to the Veteran's claims file after the Supplemental Statement of the Case (SSOC) had been issued. The Board further notes that an additional SSOC was not issued that addressed these medical records. Accordingly, the Board acknowledges that an SSOC must be furnished to the Veteran when additional pertinent evidence is received after a previous Statement of the Case (SOC) or SSOC has been issued. 38 C.F.R. § 19.31. Since the additional evidence in question is neither duplicative of other evidence nor irrelevant, and since an SSOC pertaining to that evidence was not issued, this evidence must be referred back to the AOJ. See Disabled American Veterans v. Secretary of Veterans Affairs, 327 F.3d 1339 (Fed. Cir. 2003); 38 C.F.R. § 20.1304 The matters are REMANDED for the following action: Schedule the Veteran for an additional VA examination to evaluate the severity of his left knee disability. The examiner must provide a retrospective opinion that addresses the functional loss the Veteran experienced during a flare up from September 2015 until April 2019. The examiner must request the Veteran to identify the extent of his functional loss during flare-ups and then provide range of motion estimates based on that information. Even if the Veteran is not experiencing a flare-up at the time of the examination, the examiner must elicit relevant information as to flare ups and ask him to describe the additional loss of range of motion, if any, he suffers during flare-ups. In providing the requested opinion the examiner should consider the Veteran's competent lay claims regarding the observable symptoms he has experienced. 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.