Citation Nr: 21075030 Decision Date: 12/17/21 Archive Date: 12/17/21 DOCKET NO. 19-00 904 DATE: December 17, 2021 REMANDED Entitlement to a rating in excess of 10 percent for right knee retropatellar pain syndrome (right knee condition) is remanded. Entitlement to a rating in excess of 10 percent for left knee retropatellar pain syndrome (left knee condition) is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Army from August 2005 to July 2012. In an October 2019 decision, the Board of Veterans' Appeals (Board) denied compensable ratings for the Veteran's bilateral knee conditions. The Veteran appealed the decision to the United States Court of Appeals for Veterans Claims (Court). In July 2020, while the case was pending at the Court, the parties entered into a Joint Motion for Remand (JMR), requesting that the Court vacate the Board's October 2019 decision. The Court subsequently granted the JMR in a July 2020 order. In March 2021, the Board remanded the issues of entitlement to compensable ratings for bilateral knee conditions for further development. Specifically, the Board instructed the regional office (RO) to schedule the Veteran for a VA examination pertaining to his claims. As an initial matter, the Board notes that the regional office issued a rating decision in June 2021 that increased the rating of the Veteran's bilateral knee conditions to 10 percent each, effective December 10, 2017. However, as this action did not constitute full grants of the benefits sought, the claims for increased ratings remain before the Board. See AB v. Brown, 6 Vet. App. 35, 38 (1993). Upon review of the record, the Board finds that the claims must be remanded. The Board sincerely regrets the additional delay caused by this remand but wishes to assure the Veteran that it is necessary for a full and fair adjudication of his claims. 1. Entitlement to a rating in excess of 10 percent for right knee condition is remanded. 2. Entitlement to a rating in excess of 10 percent for left knee condition is remanded. The Board finds that a new VA examination is warranted for the Veteran's claims. The Veteran contends that he is entitled to increased ratings for his bilateral knee conditions. The Veteran underwent a VA examination in June 2021. Upon review, however, the Board finds that the examiner failed to comply with the necessary requirements of Sharp v. Shulkin, 29 Vet. App. 26 (2017). In particular, although the Veteran reported that his knees get stiff if he sits for long periods of time and that running, going up stairs, and riding a bike causes severe pain, the VA examiner noted that the Veteran did not report flare-ups. See id. at 34-35 (holding that an examiner must do all that reasonably should be done to become informed about a case and elicit relevant information as to a claimant's flare-ups, such as the claimant's lay statements regarding the frequency, duration, characteristics, severity, or functional loss of a flare-up). This inaccurate and contradictory finding underscores the need for a new examination that adequately addresses the severity of the Veteran's bilateral knee conditions. See Barr v. Nicholson, 21 Vet. App. 303, 311 (2007) (once VA undertakes to provide a medical examination or opinion, it must ensure that the examination or opinion is adequate) The matters are REMANDED for the following action: 1. Assist the Veteran in associating with the claims file any relevant outstanding treatment records. 2. Schedule the Veteran for an examination of the current severity of his bilateral knee conditions. The examiner must test the Veteran's active motion, passive motion, and pain with weight-bearing and without weight-bearing. The examiner is asked to describe whether pain significantly limits functional ability during flares, and if so, the examiner must estimate range of motion during flares. To the extent possible, the examiner should identify any symptoms and functional impairments due to the Veteran's bilateral knee conditions alone and discuss the effect of this condition on any occupational functioning and activities of daily living. IF THE EXAMINATION DOES NOT TAKE PLACE DURING A FLARE, THE EXAMINER MUST GLEAN INFORMATION REGARDING THE FLARES' SEVERITY, FREQUENCY, DURATION, AND FUNCTIONAL LOSS MANIFESTATIONS FROM THE VETERAN, MEDICAL RECORDS, AND OTHER AVAILABLE SOURCES. EFFORTS TO OBTAIN SUCH INFORMATION MUST BE DOCUMENTED. If there is no pain and/or no limitation of function, such facts must be noted in the report. (Continued on the next page) The examiner is advised that the Veteran is competent to report his symptoms and history and such reports must be considered. If the examiner rejects the Veteran's reports, the examiner must provide a reason for doing so. A. S. CARACCIOLO Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. L. Park, 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.