Citation Nr: 21073116
Decision Date: 12/07/21	Archive Date: 12/07/21

DOCKET NO. 15-04 065A
DATE: December 7, 2021

REMANDED

Entitlement to an initial rating in excess of 10 percent for left knee chondromalacia patella is remanded.

Entitlement to an initial rating in excess of 10 percent for right knee chondromalacia patella is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the Air Force from August 1977 to May 1985.

These matters come before the Board of Veterans Appeals (Board) on appeal from a June 2013 rating decision. 

In his appeal to the Board, the Veteran requested a video conference hearing. However, in a September 2015 correspondence, the Veteran withdrew his request for a Board hearing. 38 C.F.R. § 20.603.

In May 2018, the Board remanded the appeal for further development. As the actions specified in the May 2018 remand have been substantially completed, the matter has been properly returned to the Board for appellate consideration. See Stegall v. West, 11 Vet. App. 268 (1998); D'Aries v. Peake, 22 Vet. App. 97, 105 (2008).

1. Entitlement to increased ratings for left and right knee disabilities. 

In March 2021 correspondence, the Veteran's representative stated that in September 2019 the Veteran underwent left knee surgery at a VA Medical Facility. However, a review of the file reflects that that the most recent VA treatment records associated with the file are from May 2019. As there is evidence of outstanding VA treatment records, the issues must be remanded so that those records may be obtained. Sullivan v. McDonald, 815 F.3d 786, 79092 (Fed. Cir. 2016) (finding that VA treatment records when identified must be obtained regardless of relevance).

Further, the most recent VA knee examination was conducted in June 2019. As the Veteran seemingly underwent left knee surgery after that examination, the Board finds that a remand is also necessary to obtain a VA examination to determine the current severity of the Veteran's left and right knee disabilities. 38 C.F.R. § 3.159; see also Palczewski v. Nicholson, 21 Vet. App. 174, 181 (2007); Snuffer v. Gober, 10 Vet. App. 400, 403 (1997). 

The matters are REMANDED for the following action:

1. Obtain all outstanding VA treatment records from May 2019 forward.

2. Schedule the Veteran for a VA examination with an appropriate medical professional to determine the current severity of his left and right knee disabilities. The examiner is asked to provide the following:

(a) Test for pain on active motion, passive motion, weightbearing, and non-weightbearing. If the examiner is unable to conduct the required testing or concludes that the required testing is not necessary in this case, an explanation must be provided. 

(b) State whether the examination is taking place during a flare-up. If not, the examiner should ask the Veteran to describe the flare-ups he experiences, including: frequency, duration, characteristics, severity, and/or extent of functional impairment he experiences during a flare-up of his symptoms. Based on this information, the examiner should then provide an estimate concerning the average additional loss of motion during a flare-up.

 

 

CHRISTOPHER A. WENDELL

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Gates, Charlene F.

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.