Citation Nr: 21076198 Decision Date: 12/22/21 Archive Date: 12/22/21 DOCKET NO. 16-12 102 DATE: December 22, 2021 REMANDED Entitlement to a disability rating higher than 10 percent for left knee fibrositis (left knee disability) is remanded. REASONS FOR REMAND The Veteran served on active duty from May 1991 to December 1993. This matter comes before the Board of Veterans' Appeals (Board) from an August 2015 rating decision, which denied a rating higher than 10 percent for left knee fibrositis. In October 2019, the Veteran testified at a videoconference hearing before the undersigned Acting Veterans Law Judge. A transcript of that hearing is associated with the claims file and has been reviewed. In November 2020, the Board remanded this matter for further development. Entitlement to a disability rating higher than 10 percent for a left knee disability is remanded. The Veteran was last afforded a VA examination in June 2021 for her left knee disability. However, VA treatment records dated since that time provide the indication of worsening. The record reflects that the Veteran underwent a total left knee replacement in November 2021. Given such an indication of worsening, the Board finds that once her recovery and any necessary physical therapy are complete, the Veteran should be afforded a new VA examination to determine the current level of severity of all impairment resulting from her service-connected left knee disability. Further, in a November 2021 statement, the Veteran referenced private treatment records from R.O.I. which are not of record. Accordingly, a remand is warranted to obtain the outstanding private treatment records. The matter is REMANDED for the following action: 1. Ask the Veteran to complete a VA Form 21-4142 for all VA and non-VA health care providers, including at the R.O.I. The Veteran may submit medical records directly to VA. 2. All outstanding VA treatment records must also be associated with the claims file. 3. Ensure that the Veteran's post-procedure recovery and any necessary physical therapy have been completed and schedule her for a VA examination to ascertain the current severity of the service-connected left knee disability. The VA electronic claims file, including a copy of this remand must be made available to and be reviewed by the examiner. All indicated testing should be accomplished and all symptomatology associated with the relevant disabilities should be identified. In addition to all findings identified on the appropriate examination form, the examiner should determine the effective range of motion in the Veteran's left knee and present the results of range of motion tests in a written report by recording separate sets of the range of motion test results for both active and passive motion, and in weight bearing and non weight-bearing, and the range of motion in the opposite joint. The examiner's report should describe objective evidence of painful motion, if any, during each test. It is not sufficient merely to indicate whether or not pain was present during one of the required range of motion tests, and it is requested that the examiner indicate the point at which pain begins. If any of these findings are not possible, please provide an explanation. The examiner is asked to describe whether pain, weakness, fatigue and/or incoordination significantly limits functional ability during flares or repetitive use, and if so, the examiner must estimate range of motion during flares or repetitive use. S. Sorathia Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Erin J. Trojanowski, 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.