Citation Nr: 21066264 Decision Date: 10/29/21 Archive Date: 10/29/21 DOCKET NO. 17-37 733 DATE: October 29, 2021 REMANDED Entitlement to a rating in excess of 10 percent for service-connected right patellofemoral pain syndrome is remanded. REASONS FOR REMAND The Veteran served on active duty with the United States Army from August 1985 to August 1989 and February 1991 to April 2008. This matter originally came before the Board of Veterans' Appeals (Board) on appeal from a May 2014 rating decision by the agency of original jurisdiction (AOJ) of the United States Department of Veterans Affairs (VA). In a July 2019 decision, the Board denied the claim. The Veteran subsequently appealed the July 2019 Board decision to the United States Court of Appeals for Veterans Claims (Court). In a February 2021 memorandum decision, the Court in relevant part vacated and remanded the portion of the July 2019 Board decision denying entitlement to a rating higher than 10 percent for the right patellofemoral pain syndrome disability. The Court found that the Board mischaracterized some findings of a February 2017 examiner, and incorrectly implied that examination to be adequate. The February 2017 VA examination provided contradictory findings regarding the actual degree of functional impairment with flare-ups, and he additionally did not review records to provide support and clarity for his opinions. Once VA undertakes the effort to provide an examination when developing a service connection claim, an adequate examination must be provided. Barr v. Shinseki, 21 Vet. App. 303, 311 (2007). The matters are REMANDED for the following action: 1. Obtain any outstanding VA treatment records and associate those documents with the Veteran's claims file. 2. Schedule the Veteran for a VA joints/knee examination. The claims folder must be reviewed in conjunction with the examination. The examiner must describe in detail the current status of the service-connected right knee disability. The examiner must test the Veteran's active motion, passive motion, range-of-motion with weight-bearing and without weight-bearing. If range-of-motion findings in any of these positions cannot be obtained and documented in an examination report, the examiner must explain why this is so. The examiner must 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, or an opinion regarding flare-ups, symptoms, or functional impairment 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. The examiner must consider and discuss the Veteran's April 2019 Statement in Support of Claim that describes the Veteran's pain during flare-ups. A complete rationale must be provided for all opinions offered. 3. Then, readjudicate the claim. If any benefit sought remains denied, issue a supplemental statement of the case and, after appropriate period for response, return the matter to the Board if otherwise in order. WILLIAM H. DONNELLY Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. E. Bresler 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.