Citation Nr: 21065544 Decision Date: 10/26/21 Archive Date: 10/26/21 DOCKET NO. 15-17 951 DATE: October 26, 2021 REMANDED A rating higher than 10 percent for a right knee meniscus tear is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1993 to September 1997, from September 1999 to September 2003, and from December 2006 to May 2012. The Board notes that the Veteran's right knee was awarded a 100 percent rating under Diagnostic Code 5259-5260 from April 3, 2015, to May 31, 2015. As this represents the maximum benefit allowed under that DC, that period is not on appeal to the Board. These matters have a procedural history which includes a Board Decision in July 2020 and a June 2021 Order of the Court of Appeals for Veterans Claims (Court) which enacted a Joint Motion for Partial Remand (JMPR) vacating portion of the Board's May 2019 Decision regarding the increased rating claim for the Veteran's right knee. Right Knee In the JMPR, the Court instructed the Board to seek treatment records regarding the Veteran's right knee which appear to be missing from the record. Prior to any adjudication of the Veteran's claim, and in order to have a complete evidentiary record, the Board must comply with the Court's directive. Furthermore, as the prior 2019 VA examination did not have benefit of the X-rays referenced by the Veteran, the Board finds that the examination is inadequate for adjudication purposes and that a new examination is warranted. As such, remand is necessary. The matter is REMANDED for the following action: 1. Contact the Veteran and obtain information on the provider that conducted the September 2019 X-ray of his right knee he referenced in his October 2019 VA examination of his right knee. 2. If the provider identified in Directive 1 is a private treatment provider, obtain the name, address, and dates of treatment or examination regarding his right knee. After securing the proper authorizations where necessary, arrange to obtain all the records of treatment or examination from all the sources listed by the Veteran that are not already on file. All information obtained must be made part of the file. All attempts to secure this evidence must be documented in the claims file, and if, after making two efforts to obtain named records, they are not able to be secured, provide the required notice and opportunity to respond to the Veteran and his representative. 3. Associate with the record any relevant, outstanding VA or private medical records regarding treatment of the Veteran. Specifically, should the Veteran have identified the September 2019 X-ray provider as a VA facility, confirm that the September 2019 X-rays are a part of the record. 4. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his right knee. 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 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). JOHN Z. JONES Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Parrish, 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.