Citation Nr: 21070608 Decision Date: 11/24/21 Archive Date: 11/24/21 DOCKET NO. 18-43 753 DATE: November 24, 2021 REMANDED Entitlement to a disability rating in excess of 40 percent for intervertebral disc syndrome (IVDS) is remanded. Entitlement to a disability rating in excess of 10 percent for degenerative joint disease (DJD) based on limitation of flexion is remanded. Entitlement to a compensable disability rating for DJD of the right knee based on limitation of extension is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1956 to August 1957. These matters are on appeal of a December 2017 rating decision. In an August 2018 VA Form 9, Appeal to Board of Veterans' Appeals, the Veteran requested to appear at a hearing before the Board. The Veteran failed to appear for the hearing before the Board scheduled in August 2021. He has not provided good cause reasons for his failure to appear; therefore, his hearing request is considered to be withdrawn. The Veteran was last afforded a VA examination for his claims for increased disability ratings for right knee limitation of flexion and extension in October 2017. Since that time, although the issues remain on appeal, the Veteran attempted to file new claims for increased disability ratings for these disabilities in October 2019, indicating that his disabilities had worsened. As such, the Board finds that a new VA examination is necessary as there is an indication of worsening of the disabilities since the most recent examination. These claims were also last adjudicated in a July 2018 Statement of the Case (SOC). VA treatment records were subsequently associated with the record. In a September 2021 letter, the Board notified the Veteran and his representative that VA added additional pertinent evidence since the July 2018 SSOC, and that he had 45 days to respond as to whether he wished to waive AOJ review of the evidence. Further, the letter indicated the Board would assume the Veteran wished to have the AOJ review the pertinent evidence if the Veteran did not respond to the letter. The Veteran did not respond to the letter. As such, the AOJ must furnish the Veteran with a Supplemental Statement of the Case to address all additional evidence after the July 2018 SOC. 38 C.F.R. §§ 19.31, 19.37 (2020). The matters are REMANDED for the following actions: 1. Obtain and associate with the claims file VA records from December 2019 to the present. 2. After completing the above requested development, schedule the Veteran for an appropriate VA examination (or telehealth interview, if an in-person examination is not feasible) to evaluate the severity of the Veteran's right knee disabilities. The entire claims file should be made available to the examiner in conjunction with this request. All testing deemed necessary to rate his knee disabilities under the criteria of the rating schedule must be conducted and the results reported in detail. The examiner must 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). 3. Readjudicate the claims, with consideration of all evidence of record, to specifically include evidence associated with the record after the issuance of the July 2018 SOC. MICHAEL A. HERMAN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board L. J. Wells-Green 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.