Citation Nr: 21068771 Decision Date: 11/12/21 Archive Date: 11/12/21 DOCKET NO. 19-03 297 DATE: November 12, 2021 REMANDED Entitlement to a rating in excess of 10 percent for patellofemoral syndrome of the right knee with painful limitation of motion is remanded. For the rating period prior to January 16, 2019, entitlement to a compensable rating for a right knee meniscal condition is remanded. For the rating period beginning January 16, 2019, entitlement to a rating in excess of 10 percent for a right knee meniscal condition is remanded. Preliminary Matters The Veteran had active service from June 1992 to February 1999. The Veteran testified at a virtual Board hearing before the undersigned Veterans Law Judge in March 2021; a transcript of the hearing is of record. In April 2021, the Board granted service connection for hearing loss and multiple sclerosis. Additionally, the Board remanded the issues of entitlement to service connection for a lumbar spine disorder and entitlement to a rating in excess of 10 percent for patellofemoral syndrome of the right knee. Thereafter, the RO granted service connection for a lumbar spine disability; as such, this issue is no longer before the Board for consideration. See September 2021 rating decision Further, the September 2021 rating decision also assigned a separate 10 percent rating for a right knee meniscus condition under Diagnostic Code 5259 effective January 16, 2019. The issue pertaining to entitlement to a rating in excess of 10 percent for patellofemoral syndrome of the right knee with painful limitation of motion was readjudicated in a September 2021 Supplemental Statement of the Case. The Board notes that the separate evaluation of the right knee meniscal disability is a manifestation of the increased rating claim for the right knee already on appeal. As a result, the Board will take jurisdiction of this issue. REASONS FOR REMAND Pursuant to the Board's April 2021 remand, the Veteran was afforded a VA knee examination in June 2021 in order to assess the current severity of his right knee disability. During the examination, it was noted that the Veteran had undergone a previous right knee surgery in 2003 to repair a torn meniscus. The Veteran also reported that he was being treated by an orthopedic physician who felt that the Veteran may have had another meniscal tear; however, the Veteran stated that he had not yet been able to have an MRI to confirm the diagnosis. During the March 2021 Board hearing, the Veteran similarly testified that, due to the COVID-19 pandemic, he had not been able to follow up with appropriate testing/surgery for his right knee disability. In sum, it is unclear as to whether the Veteran has a torn meniscus or a previously repaired torn meniscus in the right knee. This determination is essential in properly evaluating the Veteran's disability. Compare Diagnostic Code 5258 (allowing for a 20 percent rating) vs. Diagnostic Code 5259 (allowing for a maximum 10 percent rating). 38 C.F.R. § 4.71a. Accordingly, on remand, the Veteran should be asked to identify his medical providers so that VA may assist him in obtaining the relevant treatment records. Moreover, if these records do not provide information confirming the Veteran's meniscus condition, the Veteran should be afforded a new VA examination, to include MRI testing. The matters are REMANDED for the following actions: 1. Ask the Veteran to identify all medical providers who have treated him for his right knee disability since January 2017. After receiving this information and any necessary releases, obtain copies of the related medical records which are not already in the claims folder. Document any unsuccessful efforts to obtain the records, inform the Veteran of such, and advise him that he may obtain and submit those records himself. 2. If the records requested above do not clarify the status of the Veteran's right knee meniscus, schedule the Veteran for a right knee VA examination, to include MRI testing, in order to obtain an opinion as to the nature of his right knee disability(ies). (a.) The examiner is specifically asked to clarify whether the Veteran currently has a torn or dislocated meniscus in the right knee. (b.) If so, the examiner should indicate whether the torn and/or dislocated right knee meniscus results in frequent episodes of locking, pain, and effusion in the joint. (c.) A complete rationale for any opinion(s) expressed must be provided. 3. Then, readjudicate the claims on appeal. S. B. MAYS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board R. Casadei, 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.