Citation Nr: 21067614
Decision Date: 11/04/21	Archive Date: 11/04/21

DOCKET NO. 16-07 311
DATE: November 4, 2021

REMANDED

Entitlement to a rating in excess of 10 percent disabling for service-connected right knee strain prior to June 16, 2021 is remanded.

Entitlement to a rating in excess of 40 percent disabling for service-connected right knee strain from June 16, 2021 is remanded.

REASONS FOR REMAND

The Veteran had active-duty service from March 2005 to July 2005, and from May 2008 to September 2011.

This matter comes before the Board of Veterans' Appeals (Board) from an August 2013 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

The Board remanded the Veteran's claim in October 2020 to obtain a new VA examination assessing the severity level of his service-connected right knee. For reasons detailed at greater length below, the Board does not find that its remand directives were substantially complied with. See Stegall v. West, 11Vet. App.268 (1998).

1. Entitlement to a rating in excess of 10 percent disabling for service-connected right knee strain prior to June 16, 2021 is remanded.

2. Entitlement to a rating in excess of 40 percent disabling for service-connected right knee strain from June 16, 2021 is remanded.

Per the October 2020 remand directives, the Board specifically requested that the VA examiner provide range of motion measurements with weight-bearing, and non weight-bearing. See Correia v. McDonald, 28 Vet. App. 158 (2016). The Board finds these measurements pertinent to the claims on appeal as the June 2021 VA examination report did reveal that the Veteran experiences painful motion with both weight-bearing and non weight-bearing. Upon review of the addendum medical opinions provided, the VA examiner did not address the same, nor was an explanation provided as to why the measurements were not provided, as requested. In Stegall, the Could held that a Board remand confers a right on a claimant to substantial compliance with the remand order. Stegall v. West, 11 Vet. App. 268, 271 (1998). Accordingly, a remand for an addendum medical opinion is required here. 

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The matters are REMANDED for the following action:

Obtain an addendum medical opinion from the June 2021 VA examiner (or another appropriate clinician if deemed unavailable), addressing the findings of record that the Veteran experiences painful motion with weight-bearing and non weight-bearing of the right knee. Specifically, the VA examiner is requested to provide range of motion measurements for the aforesaid findings, as reflected in the June 2021 VA examination report. If range of motion measurements cannot be provided for weight-bearing and non weight-bearing, the VA examiner should provide a reasoned explanation as to why they are not.

 

 

Cynthia M. Bruce

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S.R. Fey, 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.