Citation Nr: 21068919 Decision Date: 11/15/21 Archive Date: 11/15/21 DOCKET NO. 14-12 236A DATE: November 15, 2021 REMANDED Entitlement to a rating higher than 10 percent prior to July 8, 2019, and a compensable rating since July 8, 2019, for a right knee disability, to include degenerative joint disease, is remanded. Entitlement to total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, prior to October 27, 2016, to include on an extraschedular basis, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from October 1973 to October 1975, and from January 1976 to January 1978. These matters are on appeal from a December 2010 rating decision. In January 2018, the Veteran testified at a videoconference before the undersigned Veterans Law Judge of the Board. A transcript of the hearing is associated with the record. In March 2018, January 2019, February 2020, and January 2021, these matters were remanded by the Board for further development. For the reasons described below, additional development is, regrettably, still necessary. 1. Increased rating claims Pursuant to the Board's January 2021 Remand, the Veteran underwent an April 2021 VA knee and lower leg Disability Benefits Questionnaire examination. On examination the examiner tested the Veteran's active motion, passive motion, and pain with weight-bearing and without weight-bearing pursuant to the remand directives. However, the examiner again failed to provide any opinion as to the limitation of motion of the right knee prior to July 8, 2019. Accordingly, on remand an appropriate addendum should be obtained. Stegall v. West, 11 Vet. App. 268 (1998). 2. TDIU prior to October 27, 2016 The Board notes that the Veteran's claim for an effective date earlier than October 27, 2016, for the award of a TDIU is inextricably intertwined with the foregoing issues, and so disposition of the issue is deferred. See Harris v. Derwinski, 1 Vet. App.180, 183 (1991). The matters are REMANDED for the following action: Obtain addendum by an appropriate examiner, other than the April 2021 VA examiner, regarding the level of severity of the Veteran's right knee disability prior to July 8, 2019. The claims file, including a copy of this remand, must be made available to the examiner for review who should indicate that the claims file was reviewed. The examiner is also asked to provide a retrospective medical opinion regarding the extent of the Veteran's functional loss: a. After repetition over time and, separately, b. During flare-ups for the period prior to July 8, 2019. The examiner should determine the additional functional loss the Veteran suffered during right knee flare-ups and after repetition over time by utilizing information in the medical records or other sources available to the examiner such as the September 2014 and November 2016 VA examination reports, to include the Veteran's reported symptoms, and VA and private treatment records from the same period. To the examiner's best ability, the additional range of motion loss should be described in degrees based on that information. If the examiner is unable to provide an opinion in this case, he or she should clearly explain the basis for the inability to do so. The Board, by this remand, makes no determination, expressed or implied, concerning the credibility of any statements on file. The addendum should include the complete rationale for all opinions expressed. KELLI A. KORDICH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Adams, 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.