Citation Nr: 21068735
Decision Date: 11/12/21	Archive Date: 11/12/21

DOCKET NO. 18-43 225
DATE: November 12, 2021

REMANDED

Entitlement to an increased disability rating in excess of 10 percent for service-connected internal derangement right knee (to include knee strain and myxoid degeneration posterior horn medial meniscus) is remanded.

REASONS FOR REMAND

The Veteran had active-duty service from June 2002 to February 2013.

This matter comes before the Board of Veterans' Appeals (Board) from a June 2015 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

The Board notes that a hearing was held in July 2021 before the undersigned Veterans Law Judge. A transcript of that hearing is of record.

1. Entitlement to an increased disability rating in excess of 10 percent for service-connected internal derangement right knee (to include knee strain and myxoid degeneration posterior horn medial meniscus) is remanded.

During the Veteran's July 2021 Board hearing, he testified that his disability has worsened since last being examined by VA in June 2018. Additionally, the Veteran has alleged that the VA examinations of record are inadequate to the extent that they do not accurately reflect his disability picture relative to the private medical evidence he submitted in support of his claim, specifically with respect to findings of instability of his right knee. See id.; January 2015 Statement in Support of Claim; January 2017 private medical examination; private treatment records. Upon review, the Board also finds the VA examinations of record to be inadequate for different reasons, as they do not provide range of motion measurements relative to findings of pain with weight bearing, non-weight bearing, and with passive motion of the right knee. See, e.g., June 2018 VA medical examination. As such, given the passage of time since the Veteran's last VA examination, the inadequacy of those that are of record (as previously described), as well as the existence of conflicting medical evidence indicating that the Veteran suffers right knee instability, the Board finds that a remand is required here to acquire a new VA medical examination. See Snuffer v. Gober, 10 Vet. App. 400, 403 (1997); Correia v. McDonald, 28 Vet. App. 158 (2016); Barr v. Nicholson, 21 Vet. App. 303 (2007).

The matters are REMANDED for the following action:

Schedule the Veteran for a new VA examination to assess the current severity of his service-connected right knee disability. 

In evaluating the Veteran, the VA examiner is asked to review the Veteran's lay testimony and private treatment records indicating that he suffers instability of the right knee. See VBMS, document titled "Medical Treatment Record - Non-Government Facility," receipt dated September 21, 2021; VMBS, document titled "Disability Benefits Questionnaire (DBQ) - Veteran Provided," receipt dated January 17, 2017 (herein note the findings of moderate right knee lateral instability); see also VBMS, document titled "Hearing Transcript," receipt dated July 8, 2021.  

 

Bethany L. Buck

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.