Citation Nr: 21073254
Decision Date: 12/08/21	Archive Date: 12/08/21

DOCKET NO. 17-13 047
DATE: December 8, 2021

REMANDED

Entitlement to an initial increased evaluation for service-connected left knee disability is remanded.

Entitlement to an initial increased evaluation for service-connected right knee disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the Army from January 1975 to April 1995. This matter comes before the Board of Veterans Appeals (Board) on appeal from a November 2014 rating decision from a VA Regional Office (RO). A Board hearing was held in January 2021 before the undersigned Veterans Law Judge (VLJ), and the transcript is of record.

1. The Claims on Appeal are Remanded.

The Veteran contends that a higher initial rating is warranted for his bilateral knee disability. VA treatment records show continued to receive treatment for the bilateral knee disability and indicate a history of knee replacement. 

In January 2021, the Veteran provided testimony in support of the claims. He reported that the service-connected knees have worsened and that he now requires a cane and walker to ambulate.

The Veteran last underwent a VA examination for the service-connected bilateral knee disabilities in March 2019. While the passage of time alone does not warrant a new examination, given the extent of treatment the Veteran has received for the bilateral knees, and his complaints of worsening, the Board finds that a current examination is necessary. Palczewski v. Nicholson, 21 Vet. App. 174 (2007); see also Barr v. Nicholson, 21 Vet. App. 303 (2007).

The matters are REMANDED for the following action:

1.  Associate any VA treatment records since March 2021 with the Veteran's claims folder.

2.   Schedule the Veteran for a VA orthopedic examination to determine the current severity of his bilateral knee disability. The entire claims file, including any newly obtained treatment records, must be reviewed by the examiner and all necessary tests should be conducted.

(Continued on the next page)

 

The examiner is requested to test the range of motion in active motion, passive motion, weight-bearing, and nonweight-bearing, for both knees. The examiner should also note any flare-ups to include describing, if possible, any additional degrees of limited motion during these flare-ups, or due to such factors as pain, pain on motion, weakness, incoordination, or fatigability. If the examiner is unable to conduct the required testing or concludes that the required testing is unnecessary, he or she should explain why that is so.

A complete rationale for any opinions expressed is requested.

 

 

H. SEESEL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Teague, 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.