Citation Nr: 21075446 Decision Date: 12/20/21 Archive Date: 12/20/21 DOCKET NO. 09-33 813 DATE: December 20, 2021 REMANDED Entitlement to a rating greater than 10 percent for limitation of flexion of the left knee is remanded. REASONS FOR REMAND The Veteran served on active duty from July1976 to June 1980. In a May 2020 decision, the Board denied the claim. The Veteran subsequently appealed that decision to the United States Court of Appeals for Veterans Claims (Court). In a March 2021 order, the Court granted a Joint Motion for Partial Remand (JMPR), which vacated that portion of the Board's decision that denied a rating in excess of 10 percent for limitation of flexion of the left knee. The claim was most recently before the Board in July 2021; however, there has not been substantial compliance with the remand directives and the claim must be remanded again. Stegall v. West, 11 Vet. App. 268 (1998). Entitlement to a rating greater than 10 percent for limitation of flexion of the left knee is remanded. The claim must be remanded because the October 2021 VA examination is inadequate. The examiner documented that the Veteran's initial range of motion (ROM) for the left knee was limited to flexion of 100 degrees; however, the examiner said that during flare-ups, ROM was the same as the initial ROM provided. The examiner did not discuss the evidence procured to estimating the Veteran's ROM during flare-ups as directed by the Disability Benefits Questionnaire (DBQ). Yet in the accompanying VA medical opinion, the examiner states that the Veteran's ROM disability has worsened. Given the inconsistent findings and the lack of an explanation as to why the Veteran reported flare-ups produce the same ROM as when he is not experiencing a flare-up, the VA examination is inadequate. The matters are REMANDED for the following action: Schedule the Veteran for the appropriate VA examination to assess the severity of his service-connected left knee disability. Copies of all pertinent medical records should be made available to the examiner for review. All necessary diagnostic testing should be performed using the appropriate DBQ if available. If the examiner determines that an opinion cannot be provided without an examination, one should be scheduled. The examiner is asked to review and provide a retrospective opinion estimating the Veteran's ROM in degrees during flare-ups for his left knee for each prior VA examination beginning in December 2008. The examiner is advised that the ROM in degrees where objective evidence of painful motion begins is compensable for VA rating purposes and unless the Veteran is being examined during a flare-up, if the Veteran reports that he experiences flare-ups during an examination, the initial ROM should not be the same or worse than the ROM during flare-ups without an explanation as to why this is so. If the Veteran reports flare-ups, the examiner should review the Veteran's description of the factors that precipitate a flare-up and the frequency, duration, and severity of any flare-ups. The examiner should use that information to comment on the functional limitations caused by pain and any other associated symptoms. Such comments should include whether there was additional limitation of motion following repetitive testing due to pain, weakness, fatigability, etc. Any determination concerning this functional loss should be expressed in degrees of additional range of motion loss. A detailed rationale is requested for all opinions provided. M.E. Larkin Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. G. Perkins, 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.