Citation Nr: 21067605 Decision Date: 11/04/21 Archive Date: 11/04/21 DOCKET NO. 18-17 124 DATE: November 4, 2021 REMANDED Entitlement to a disability rating in excess of 10 percent for left knee osteoarthritis is remanded. Entitlement to a disability rating in excess of 10 percent for right knee osteoarthritis is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1978 to October 1978, December 2003 to March 2005, and from June 2012 to July 2013. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a December 2014 Department of Veterans Affairs (VA) regional office (RO) rating decision. The Veteran participated in a hearing before the undersigned in March 2020; a transcript is associated with the claims file. 1. Entitlement to a disability rating in excess of 10 percent for left knee osteoarthritis is remanded. 2. Entitlement to a disability rating in excess of 10 percent for right knee osteoarthritis is remanded. Here, on review of the January 2018 VA examination, the Board finds that it is inadequate. Specifically, at the examination, the Veteran reported that he experienced flare-ups that limits his walking, bending, and ability to use stairs. However, the VA examiner did not estimate the loss of function during flare-ups. In situations where an examination is not conducted during a flare-up, the VA examiner should still estimate the Veteran's additional functional impairment, in terms of additional range of motion loss, based on the Veteran's descriptions of his additional loss of function during flare-ups and information gleaned from his medical records. See Sharp v. Shulkin, 29 Vet. App. 26 (2017). As the January 2018 VA examination fails Sharp, remand is required to obtain one that complies with it. Furthermore, the Board notes that the evidence submitted since the January 2018 VA examination, especially the March 2020 hearing testimony, indicates that the Veteran's bilateral knee disability has worsened. Specifically, the Veteran contended that his knees are "locking up more." The Board thus finds that the Veteran should be afforded a new VA examination in order to determine the current nature and severity of these service-connected disabilities. See Snuffer v. Gober, 10 Vet. App. 400, 403 (1997). The matters are REMANDED for the following action: Schedule the Veteran for an examination with an appropriate examiner to address the prior and current severity of his service-connected bilateral knee osteoarthritis. The complete claims file must be reviewed by the examiner in connection with the examination. All indicated tests and studies should be accomplished and all findings should be reported in detail. The examiner must conduct range of motion testing (expressed in degrees) of the knees on both active motion and passive motion and in both weight bearing and non-weight bearing. If the examiner is unable to conduct the required testing on any identified joint or concludes that the required testing is not necessary in this case, he or she must clearly so state, and explain why. The examiner must render specific findings as to whether there is objective evidence of pain on motion, weakness, excess fatigability, and/or incoordination of the knees. If pain on motion in any identified joint is observed, the examiner should indicate the point at which pain begins. Also, the examiner must describe the frequency, duration, characteristics, severity, and functional loss during flare-ups of the knee disability and/or with repeated use over a period of time. If the examination is not conducted during a flare-up, the examiner must indicate whether, and to what extent, the Veteran experiences likely functional loss due to pain and/or any of the other symptoms noted above during flare-ups and/or with repeated use; to the extent possible, the examiner must express any such additional functional loss in terms of additional degrees of limited motion. If the examiner is unable to provide any of the required findings as discussed above, he or she must clearly so state, and explain why that is so. Caroline B. Fleming Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Finelli, Associate 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.