Citation Nr: 21076091 Decision Date: 12/22/21 Archive Date: 12/22/21 DOCKET NO. 16-12 698 DATE: December 22, 2021 REMANDED A separate rating for a left knee disability is remanded. REASONS FOR REMAND The Veteran served on active duty from February 1994 to December 1994. The Veteran testified before the undersigned Veterans Law Judge at a March 2019 Board hearing; a copy of the transcript is associated with the record. Separate Rating for the Left Knee The Board regrets continued delay. However, as with prior examinations, the Board finds the October 2021 examination to be unresponsive to the specific remand instructions given in the Board's March 2021 remand, specifically regarding flare-ups and functional loss; additionally, the Board notes that diagnostic tests were not performed as directed. As such, a new examination is warranted. The matter is REMANDED for the following action: Schedule the Veteran for a VA examination with an orthopedist (M.D.) to determine the severity of his claimed left knee disability as it relates to his service-connected left fibula fracture. The claims file must be made available to the examiner and review should be noted. The examiner must elicit a full history of the Veteran's claimed left knee disability. X-rays should be obtained prior to the examination and any other indicated tests and studies should be accomplished, with all findings made available to the examiner prior to the completion of his or her report. All clinical findings should be reported in detail. The examiner is asked to specifically test the range of active motion, passive motion, weight-bearing motion, non-weightbearing motion, and range of motion measurements of the opposite joint (i.e., the right knee). See Correia v. McDonald,28 Vet. App. 158(2016). If the examiner is unable to conduct the required testing or concludes that the required testing is not possible or necessary in this case, he or she should explain why that is so. The examiner must also express an opinion concerning whether there would be additional functional impairment on repeated use or during flareups. In rendering this opinion, the examiner must elicit all relevant information from the Veteran regarding his flareups and symptoms after repetitive use over time. The examiner must assess the additional functional impairment on repeated use or during flareups in terms of the degree of additional range of motion loss. The examiner is asked to reconcile the prior VA examination reports in which flare-ups and functional loss were not found with the evidence of record as well as with the Veteran during the examination. If it is not feasible to determine without resort to speculation, the examiner must provide a thorough explanation for why this is so. The examiner should consider the lay statements of record, including that the Veteran experiences left knee discomfort intermittently, including pain and popping, mainly when it is cold or with acute changes in weather, his knee bothers him when his ankle acts up or over a long period of time, and he cannot stand or bend at the knee for long periods of time. A complete rationale must be provided for any opinion offered. If any question cannot be answered without resorting to mere speculation, please provide a complete explanation as to why that is so. JOHN Z. JONES Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Parrish 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.