Citation Nr: 21067252
Decision Date: 11/03/21	Archive Date: 11/03/21

DOCKET NO. 16-40 645A
DATE: November 3, 2021

REMANDED

Entitlement to an initial increased rating in excess of 20 percent for right knee arthritis from November 2, 2012 to September 28, 2015, and in excess of 30 percent for residuals of a right knee arthroplasty (previously rated as right knee arthritis) from December 1, 2016 is remanded.

REASONS FOR REMAND

The Veteran served on active duty from February 1969 to February 1971. This matter is on appeal to the Board of Veterans' Appeals (Board) from a November 2013 rating decision. A hearing was held by the undersigned Veterans Law Judge in March 2021.

The Veteran was granted service connection for right knee arthritis in a November 2013 rating decision rated at 20 percent disabling. In September 2015, he underwent a total right knee replacement (right knee arthroplasty). In a June 2016 rating decision, he was granted a temporary total evaluation for residuals of the right knee arthroplasty from September 29, 2015 to November 30, 2016, and a 30 percent rating thereafter.

In May 2021, the Board remanded the appeal for a current VA examination. The Veteran underwent an examination later that month; however, such examination is inadequate for adjudication purposes. Specifically, the clinician indicated that pain caused by flare-ups would significantly limit the Veteran's functional ability but failed to provide an estimated range of motion during flare-ups without explanation. Therefore, another examination is warranted.

The matter is REMANDED for the following action:

Obtain a new examination to determine the current severity and manifestations of the Veteran's right knee disability.

Any indicated evaluations, studies, and tests should be conducted, and evaluations should be performed. The examiner should test the range of motion in active motion, passive motion, weight-bearing, and non-weight-bearing, for the right knee.

The examiner should also indicate whether and the extent to which the Veteran's right knee is affected by pain, weakness, fatigue, lack of endurance, incoordination or other symptoms resulting in additional functional loss. To the extent possible, the examiner must express any functional loss in terms of additional degrees of limited motion (flexion and extension).

If the examiner is unable to conduct the required testing or concludes that the required testing is not necessary in this case, he or she should clearly explain why that is so.

The examiner should also address (1) whether there is additional functional loss during flare-ups and after repetitive use as a result of pain and (2) at what point during range of motion the pain results in functional loss

 

during flare-ups and after repetitive motion; or explain why such a calculation is not feasible.

 

 

L. M. BARNARD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A.Z., 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.