Citation Nr: 21072013 Decision Date: 12/02/21 Archive Date: 12/02/21 DOCKET NO. 14-26 967 DATE: December 2, 2021 REMANDED Entitlement to an initial evaluation in excess of 10 percent for right knee degenerative joint disease is remanded. Entitlement to an initial evaluation in excess of 10 percent for left knee degenerative joint disease is remanded. Entitlement to service connection for hypertension is remanded. REASONS FOR REMAND The Veteran had active service from August 1979 to December 1979 and from October 1980 to September 1984. Pursuant to the Veteran's request, a hearing before a Veterans Law Judge was scheduled for August 10, 2021. However, he failed to appear for the hearing and provided no explanation for his absence. Thus, his hearing request is deemed withdrawn. 1. Entitlement to an initial evaluation in excess of 10 percent for right knee degenerative joint disease is remanded. 2. Entitlement to an initial evaluation in excess of 10 percent for left knee degenerative joint disease is remanded. The Veteran last had an examination arranged by VA for his knees in May 2014. There was not instability of the knees at the May 2014 examination. At May 2018 VA treatment the Veteran reported that his right knee sometimes gave way. Since it appears that the right knee has worsened since the May 2014 examination, the Veteran should be afforded a contemporaneous VA examination to assess the current nature, extent, and severity of the right knee degenerative joint disease. See Snuffer v. Gober, 10 Vet. App. 400, 403 (1997). The Veteran must also be afforded contemporaneous VA examinations to assess the current severity of left knee degenerative joint disease. See Stefl v. Nicholson, 21 Vet. App. 120, 125 (2007) (an adequate VA medical examination must consider the Veteran's pertinent medical history). VA treatment records to October 2018 have been associated with the claims file. The RO should attempt to obtain all relevant VA treatment records dated from October 2018 to the present, while the claim is in remand status. Bell v. Derwinski, 2 Vet. App. 611 (1992). 3. Entitlement to service connection for hypertension is remanded. The service treatment records show that at the April 1979 enlistment examination blood pressure was 90/60. At October 1979 treatment the blood pressure was 110/80, in September 1982 it was 118/72, and in July 1983 it was 120/80. At February 2010 VA treatment it was noted that the Veteran had a history of hypertension, and subsequent treatment records show a continued diagnosis of hypertension. Since the service treatment records show an increase in blood pressure readings and the post-service treatment records show a diagnosis of hypertension, the Veteran should be scheduled for a VA examination before the claim is decided on the merits. The matters are REMANDED for the following action: 1. Obtain VA treatment records from October 2018 to the present. 2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected left and right knee degenerative joint disease. Access to the Veteran's claims folder must be provided to the examiner for review in connection with the examination. After reviewing the relevant evidence of record, to include VA clinical records and the prior examination reports, the examiner should provide a full description of the Veteran's knee disabilities and report all signs and symptoms necessary for evaluating the Veteran's disabilities under the rating criteria. The knees must be tested in both active and passive motion, and in weight-bearing and nonweight-bearing. If the examiner is unable to conduct the required testing or concludes that the required testing is not necessary in this case, he or she should clearly explain why this is so. The examiner should also request that the Veteran identify the extent of his functional loss during flare-ups and, if possible, offer range of motion estimates based on that information. If the examiner is unable to provide an opinion on the impact of flare-ups on the Veteran's range of motion, he/she should indicate whether this inability is due to lack of knowledge among the medical community or based on the lack of procurable information. The VA examiner must also address the extent of functional and industrial impairment due to the Veteran's disabilities being examined and furnish a full description of the effects of the service-connected disabilities upon the Veteran's ordinary activity, including employment. All opinions must be supported by a complete rationale. 3. Schedule the Veteran for a VA examination to assess the nature and etiology of his hypertension. The claims folder should be made available to the examiner for review in conjunction with the examination. The examiner should state whether the Veteran's hypertension at least as likely as not (a 50 percent or higher degree of probability) had an onset during active service, within a year of service, or is otherwise related to the Veteran's period of active service. The examiner is advised that the term "at least as likely as not" does not mean within the realm of medical possibility, but rather that the medical evidence both for and against a conclusion is so evenly divided that it is as medically sound to find in favor of a certain conclusion as it is to find against it. The examiner must discuss the medical rationale for all opinions expressed, whether favorable or unfavorable, and if necessary, citing to specific evidence in the file. If the examiner cannot provide his or her requested opinion without resorting to speculation, he or she should state why that is the case. L. STEPANICK Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Scott Shoreman, 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.