Citation Nr: 21006242 Decision Date: 02/03/21 Archive Date: 02/03/21 DOCKET NO. 13-06 781 DATE: February 3, 2021 REMANDED Prior to February 20, 2019, entitlement to a rating in excess of 20 percent for a left knee disability is remanded. From April 1, 2020, entitlement to a rating in excess of 30 percent for a left knee disability is remanded. REASONS FOR REMAND The Veteran served on active duty from April 1977 to May 1983. This case comes before the Board of Veterans’ Appeals (Board) on appeal from November 2009 and October 2019 rating decisions by the Department of Veterans Affairs (VA) Regional Office (RO). The appeal was last remanded by the Board in January 2018 for additional development. Regrettably, more development is still necessary. The Board notes that service connection for a left ankle disability was previously on appeal, but that on prior remand the RO granted service connection for the left ankle disability in a June 2019 rating decision. As such, this issue is no longer before the Board. In November 2009, the RO denied an increased rating in excess of 20 percent. In October 2019, the RO granted the Veteran a temporary rating of 100 percent, from February 20, 2019 to April 1, 2020 based on implantation of a prothesis in conjunction with the Veteran’s total knee replacement. Thereafter, the RO granted the Veteran an increased rating of 30 percent from April 1, 2020 for the Veteran’s left knee disability. The Veteran was most recently afforded a VA examination in May 2019. This VA examination was provided just three months after the Veteran’s total left knee replacement surgery and during a period when the RO granted the Veteran a 100 percent rating based on temporary convalescence. No evidence has been provided from April 1, 2020 to the present to accurately depict the current level of the Veteran’s left knee disability. The matters are REMANDED for the following action: 1. Obtain any outstanding pertinent VA treatment records not evidenced by the current record and associate them with the claims file. 2. Schedule the Veteran for a VA examination to determine the current severity of her left knee disability. All required tests should be performed. The claims file, including this remand, should be reviewed by the examiner to become familiar with the Veteran’s pertinent medical history and such review should be noted in the examination report. a) The examination report must include all findings necessary to rate the disabilities, including the specific range of motion measurements for painful joint on both active and passive motion, and in weight bearing and non-weight bearing. If the examiner is unable to conduct the required testing or concludes that the required testing is not necessary in this case, he or she should clearly explain why that is so. b) The examiner should determine whether the Veteran experiences flare-ups and to the extent possible estimate any additional functional loss caused by the Veteran’s flare-ups. If the examiner is unable to do so then before concluding that such an estimate cannot be made without resorting to mere speculation, the examiner should ascertain by alternative means, including the Veteran’s testimony, the following information regarding his flare-ups: frequency, duration, characteristics, severity, or functional loss. Afterwards the examiner should explain why such an estimate cannot be made. A complete rationale for any opinions expressed must be provided. 3. After completing the above actions and any other development deemed necessary, readjudicate the issue on appeal. If any benefit sought is not granted, the Veteran and her representative must be furnished a Supplemental Statement of the Case and afforded a reasonable opportunity to respond before the file is returned to the Board for further review. KELLI A. KORDICH Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Palombi, Associate 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.