Citation Nr: 21073202
Decision Date: 12/07/21	Archive Date: 12/07/21

DOCKET NO. 19-09 002
DATE: December 7, 2021

REMANDED

Entitlement to a rating in excess of 10 percent disabling for left knee strain is remanded.

Entitlement to a rating in excess of 10 percent disabling for right knee strain is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from April 1998 to April 2015. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2015 rating decision issued by the Department of Veteran Affairs (VA) Regional Office (RO). In July 2021, the Veteran testified at a hearing before the undersigned Veterans Law Judge. A transcript of the hearing is associated with the record.

During the July 2021 Board hearing, the Veteran testified that his disabilities worsened since his last VA examination which was in November 2017. The Veteran reported that the examiner of the last examination thought the examination was for a gunshot wound. The Veteran was not given the proper range of motion testing. He also testified that his knees lock when walking and he struggled with climbing in and out of his equipment for work. His knees are constantly swollen and he limits his duties at work because of his knees. 

The Veteran applied for temporary total disability due to left knee surgery in September 2021. The record includes a September 2021 VA examination for the left knee. Thereafter, a September 2021 rating decision awarded temporary total disability of 100 percent disabling effective April 1, 2021 to May 30, 2021. A 10 percent rating was assigned June 1, 2021.   

The September 2021 VA examination would be applicable for the claims on appeal; however, the examination only evaluated the left knee. Evaluation must be completed for both knees. Remand is necessary to obtain an adequate VA examination. In addition, the Veteran testified that the symptoms of his disabilities worsened since his last examination. Therefore, the Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of his service-connected disabilities. Snuffer v. Gober, 10 Vet. App. 400, 403 (1997).

The matters are REMANDED for the following action:

1. Schedule the Veteran for another examination by an appropriate clinician to again assess the severity of his service-connected left knee strain and right knee strain. To this end, the examiner must provide a full description of this disability and report all signs and symptoms necessary for evaluating it under the applicable rating criteria

2. In doing so, 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), the examiner (does not have the knowledge or training), or whatever other reason precludes responding.

3. After ensuring compliance with this remand, readjudicate the claims on appeal. 

 

 

MICHAEL MARTIN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Harris, Attorney Advisor

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.