Citation Nr: 21070645
Decision Date: 11/24/21	Archive Date: 11/24/21

DOCKET NO. 17-44 924
DATE: November 24, 2021

REMANDED

Entitlement to a higher initial disability rating in excess of 10 percent for right knee strain with osteoarthritis (right knee disability) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 2000 to August 2004 and April 2006 to April 2008.

This appeal comes to the Board of Veterans' Appeals (Board) from a January 2017 rating decision of the Department of Veterans' Affairs (VA) regional office that granted entitlement to service connection for right knee osteoarthritis and assigned an initial noncompensable rating, effective August 9, 2016. The Veteran appealed the initial rating and in an August 2017 rating decision was granted an initial rating of 10 percent, effective August 9, 2016.

On December 17, 2019 the Veteran was scheduled for a hearing before a Veteran's Law Judge. However, the Veteran failed to appear. Neither the Veteran nor his representative requested postponement or presented any cause for failing to appear; thus, the appeal will be processed as though the hearing request was withdrawn. 38 C.F.R. § 20.704(d).

Entitlement to a higher initial disability rating in excess of 10 percent for right knee strain with osteoarthritis

The Veteran is service connected at 10 percent for a right knee strain with osteoarthritis, effective August 9, 2016, under Diagnostic Code 5003-5260.

In July 2019 the Veteran was involved in a motorcycle accident. The Veteran stated his right side was affected the most, to include impact to his right knee. X-rays taken after the motorcycle accident showed "moderate degenerative changes." This indicates worsening compared with the mild early arthritis findings in the November 2016 x-rays made in conjunction with the most recent VA examination for this disability.

In view of this evidence of worsening of the Veteran's service-connected disability since the most recent VA examination to assess such, VA is required to afford the Veteran a contemporaneous VA examination to assess the current nature, extent, and severity of his right knee strain with osteoarthritis. See Snuffer v. Gober, 10 Vet. App. 400, 403 (1997).

The matters are REMANDED for the following action:

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1. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected right 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.

 

 

LAURA E. COLLINS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Brewer, 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.