Citation Nr: 21068664 Decision Date: 11/12/21 Archive Date: 11/12/21 DOCKET NO. 15-05 136 DATE: November 12, 2021 REMANDED Entitlement to an increased rating higher than 20 percent for residuals of a meniscectomy of the right knee is remanded. Entitlement to a total disability rating based upon unemployability due to service-connected disabilities (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty as a U.S. Army infantryman from February 1970 to February 1973, including service in the Republic of Vietnam. He was awarded the Bronze Star Medal and Air Medal. This appeal comes to the Board of Veterans' Appeals (Board) from a September 2011 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Portland, Oregon. Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge in October 2017; a transcript has been associated with the claims file These matters were most recently before the Board in August 2020. The Board denied the claims for service connection for a TDIU and for a right knee increase rating. The Veteran appealed the decision to the U.S. Court of Appeals for Veterans Claims (Court). In March 2021, the Court vacated the decision and remanded the appeal for compliance with a Joint Motion for Remand (JMR). The parties found that the Board did not adequately address the nature of the Veteran's PTSD symptomatology and whether PTSD prevented him from performing tasks necessary for obtaining and maintaining substantially gainful employment. Specifically, the Board did not adequately address the Veteran's reports of startle response and assault on a co-worker. The Board also did not cite evidence that the Veteran was able to perform work as an instructor. In addition, the increase rating claim for the right knee claim was remanded to obtain a new examination that adequately performs range of motion testing. Meniscectomy right knee The Veteran attended VA examination in October 2019. He reported flare-ups that impacted his motion. The examiner noted evidence of the Veteran's pain on passive motion and on non-weight bearing; but the examiner failed to measure the Veteran's range of motion for non-weight bearing and passive motion. A remand is necessary to obtain a new VA examination regarding the Veteran's claim for entitlement to an increase rating for the right knee because the October 2019 VA examination did not address all the criteria in 38 C.F.R. § 4.59. TDIU The Veteran contends that a TDIU is warranted due to his service-connected PTSD and right knee disabilities. The Veteran's claim was remanded for a complete analysis of the Veteran's lay statements/ contentions and to provide evidence regarding the work task the Veteran could complete. The most recent comprehensive VA examination was in October 2010 in which the Veteran reported that is PTSD has caused him to lose jobs and had been unemployed for over five years. Finally, because a decision on the remanded right knee increased rating claim could significantly impact a decision on the issue of entitlement to a TDIU, the issues are inextricably intertwined. A remand of the claim for entitlement to a TDIU is required. The matters are REMANDED for the following action: 1. Obtain all outstanding VA treatment records since October 2019 and associate with the claims file. 2. Contact the Veteran, and, with his assistance, identify any outstanding records of pertinent medical treatment from private providers and associate them with the claims file. Also request that the Veteran provide a report of his work and education history since his November 2014 application for a TDIU. 3. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected knee disability. 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 test the Veteran's active motion, passive motion, and pain with weight-bearing and non-weight-bearing. The examiner must also 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 at all 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). 4. Schedule the Veteran for a VA mental health evaluation to assess the level of occupational and social impairment including how this disability impairs work in manual labor occupations and sales, teaching, and general administrative occupations including the ability to leave the home to travel to workplaces and use common office equipment such as telephones and computers. 5. Thereafter, unless the agency of original jurisdiction (AOJ) finds that a fully favorable decision can be rendered, consider whether the claim for a TDIU should be referred to the Director, Compensation and Pension Service, for consideration of a TDIU on an extraschedular basis. J.W. FRANCIS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board E. Long-Ellis, 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.