Citation Nr: 21005555 Decision Date: 02/01/21 Archive Date: 02/01/21 DOCKET NO. 15-17 033 DATE: February 1, 2021 REMANDED Entitlement to a rating in excess of 30 percent for the residuals of a left total knee replacement is remanded. Entitlement to an initial rating in excess of 20 percent for right knee instability is remanded. Entitlement to an initial rating in excess of 10 percent for right knee osteoarthritis manifested by limitation of extension is remanded. REASONS FOR REMAND The appellant is a Veteran who served on active duty from June1984 to April 1988, from August 1989 to July 1993, and from October 1998 to April 1999. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from rating decisions in February 2012 and June 2012 by the Oakland, California, Regional Office (RO) of the Department of Veterans Affairs (VA). In September 2018, the Veteran testified at a video conference hearing before the undersigned Veterans Law Judge. A copy of the transcript of that hearing is of record. The issues on appeal were remanded for additional development in January 2019 and August 2020. 1. Entitlement to a rating in excess of 30 percent for the residuals of a left total knee replacement is remanded. 2. Entitlement to an initial rating in excess of 20 percent for right knee instability is remanded. 3. Entitlement to an initial rating in excess of 10 percent for right knee osteoarthritis manifested by limitation of extension is remanded. The Board notes that subsequent to the issuance of a November 2020 supplemental statement of the case additional pertinent medical evidence was added to the record. In December 2020, the Veteran provided copies of private treatment records, including reports associated with a right knee surgical procedure in October 2020, and requested consideration of the evidence. Due process requires further VA action prior to appellate review. The Board also finds that an additional VA examination should be performed to evaluate the Veteran’s service-connected disabilities. The matters are REMANDED for the following action: Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected left and right knee disabilities. 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. 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 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). MICHAEL A. HERMAN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. Douglas 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.