Citation Nr: 21077568 Decision Date: 12/30/21 Archive Date: 12/30/21 DOCKET NO. 17-11 826 DATE: December 30, 2021 REMANDED An initial increased rating in excess of 10 percent for a right knee condition is remanded. An initial increased rating in excess of 10 percent for a left knee condition is remanded. An initial increased rating in excess of 10 percent for a right foot condition is remanded. REASONS FOR REMAND The Veteran served on active duty from February 2002 to October 2012. These matters are before the Board of Veterans' Appeals (Board) on appeal from a December 2014 rating decision from a Department of Veterans Affairs (VA) Regional Office (RO). [CONTINUED ON NEXT PAGE] 1. An initial increased rating in excess of 10 percent for a right knee condition is remanded. 2. An initial increased rating in excess of 10 percent for a left knee condition is remanded. 3. An initial increased rating in excess of 10 percent for a right foot condition is remanded. The Board notes that the Veteran was last afforded a VA examination for his bilateral knee condition and right foot condition in December 2014, which was 7 years ago. The Board finds this examination too remote in time to serve as competent evidence of the current severity of the Veteran's disability. Accordingly, the claims for increased initial ratings must be remanded for additional development. The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination to determine the current nature and severity of his left and right knee disability. Any medically indicated tests should be accomplished. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria. The examiner should describe the nature and severity of all manifestations of the knee disabilities, to specifically include the range of motion. In so doing, the examiner must test the Veteran's active motion, passive motion, and pain with weight-bearing and without weight-bearing. The examiner must also attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups. If it is not possible to provide a specific measurement based on direct observation, the examiner should provide an estimate, if at all possible, of the additional impairment due to flare-ups based on the other evidence of record and the Veteran's statements. 2. Schedule the Veteran for a VA examination to determine the current nature and severity of his right foot condition. Any medically indicated tests should be accomplished. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria. The examiner should describe the nature and severity of all manifestations of his right foot condition, to specifically include the range of motion. In so doing, the examiner must test the Veteran's active motion, passive motion, and pain with weight-bearing and without weight-bearing. The examiner must also attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups. If it is not possible to provide a specific measurement based on direct observation, the examiner should provide an estimate, if at all possible, of the additional impairment due to flare-ups based on the other evidence of record and the Veteran's statements. If it is not possible to provide a specific measurement without speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner (does not have the knowledge or training). 3. Once the above requests have been completed, to the extent possible, readjudicate the appeal. VICTORIA MOSHIASHWILI Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Alexander Bahus 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.