Citation Nr: 21072256
Decision Date: 12/02/21	Archive Date: 12/02/21

DOCKET NO. 18-21 268
DATE: December 2, 2021

REMANDED

A rating higher than 10 percent for degenerative joint disease of the left knee is remanded. 

A rating higher than 10 percent for degenerative joint disease of the right knee is remanded. 

REASONS FOR REMAND

The Veteran served honorable on active duty from December 1992 until July 2004.

Degenerative joint disease, right knee 

Degenerative joint disease, left knee 

In October 2017, the Veteran attended a VA examination for both of her knees. The examiner determined that repeated use over time and flare ups would cause functional loss, but that he could not describe the functional loss in terms of range of motion.  The examiner failed to state why he was unable to describe the functional loss in terms of range of motion.  Thus, the examination does not comply with the requirements in Sharp v. Shulkin, 29 Vet. App. 26, 34-36 (2017).

 

The matters are REMANDED for the following action:

Schedule the Veteran for a VA examination with an appropriate physician to determine the current severity of her service-connected degenerative joint disease in both her left and right knee. The examiner should provide a full description of the disability and report all signs and symptoms.

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The examiner must test the Veteran's active motion, passive motion, and pain with weight-bearing and without weight-bearing. 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).

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).

 

 

JOHN Z. JONES

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	P. Chalker, 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.