Citation Nr: 21006536 Decision Date: 02/04/21 Archive Date: 02/04/21 DOCKET NO. 17-06 063 DATE: February 4, 2021 REMANDED Entitlement to a higher rating for tendonitis, right shoulder (major), rated 20 percent prior to September 19, 2017 and 30 percent as of that date, is remanded. Entitlement to a rating in excess of 20 percent for left knee strain, status post arthroscopy for debridement, with degenerative joint disease with subluxation is remanded. Entitlement to a rating in excess of 20 percent for right knee strain, with degenerative joint disease, status post arthroscopy for debridement and resection of lateral meniscus is remanded. Entitlement to a rating in excess of 20 percent for residuals, right knee arthroscopy for debridement and resection of lateral meniscus with subluxation is remanded.   REASONS FOR REMAND This appeal stems from an April 2016 rating decision. The Veteran testified at a February 2020 Board hearing before the undersigned Veterans Law Judge (VLJ) on these issues. 1. Entitlement to a higher rating for tendonitis, right shoulder (major), rated 20 percent disabling prior to September 19, 2017 and 30 percent disabling as of that date, is remanded. 2. Entitlement to a rating in excess of 20 percent for left knee strain, status post arthroscopy for debridement, with degenerative joint disease with subluxation is remanded. 3. Entitlement to a rating in excess of 20 percent for right knee strain, with degenerative joint disease, status post arthroscopy for debridement and resection of lateral meniscus is remanded. 4. Entitlement to a rating in excess of 20 percent for residuals, right knee arthroscopy for debridement and resection of lateral meniscus with subluxation is remanded. The most recent examination for the Veteran’s knee disabilities is five years old, having occurred in January 2016. The most recent right shoulder examination is over three years old, having occurred in October 2017. In February 2020, the Veteran testified that his right and left knee disabilities as well as his right shoulder disability have worsened and are more disabling than currently rated. He reports that he uses VA-issued cane and braces to avoid falls due to the knees giving out. Nonetheless, he reports significant increased swelling and knee pain with movement. As to the right shoulder, he reports greater limited range of motion. He has now been prescribed a machine to stimulate the shoulder. He also described and attempted to show what he views as significant increased limited range of motion of the right shoulder. He stated the shoulder goes numb when it hangs down. He has been told by VA medical personnel that his right arm is now smaller than the left even though he is right-handed. He testified that he was willing and able to report for updated VA examination in connection with this appeal. A review of the VA clinical record which dates through June 2020, discloses that he continues to complain of and receive treatment for ongoing bilateral knee and right shoulder pain and limitations. In light of the Veteran’s not inherently incredible testimony and the suggestions in the treatment record that his disability picture has worsened since his last examinations for the left and right knee and the right shoulder, another examination must be afforded to accurately assess his current level of disability for these disabilities. Snuffer v. Gober, 10 Vet. App. 400, 403 (1997). The Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of the right and left knee and right shoulder conditions. The matters are REMANDED for the following action: 1. Obtain updated VA treatment records dated from June 2020. 2. Afford the Veteran appropriate VA examination to determine the current severity of his left knee, right knee and right shoulder disabilities. Any and all studies, tests, and evaluations deemed necessary by the examiner should be performed. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the disability under the rating criteria. The opinion must comply with the requirements of 38 C.F.R. § 4.59 involving measurements of passive and active range of motion in both weight bearing (as appropriate) and non-weight bearing and if possible, with the range of opposite undamaged joint as appropriate. See Correia v. McDonald, 28 Vet. App. 158, 168 (2016). The clinician must provide an opinion that either complies with Correia/38 C.F.R. § 4.59 or explain why they cannot make such findings. The examiner should address whether and to what degree there was recurrent subluxation or lateral instability as to the knees and whether there is arm limitation of motion to 25 degrees from side as to the right shoulder. H. N. SCHWARTZ Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board N. RIPPEL 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.