Citation Nr: 21006582 Decision Date: 02/04/21 Archive Date: 02/04/21 DOCKET NO. 14-35 435 DATE: February 4, 2021 REMANDED Entitlement to an initial rating in excess of 10 percent for a meniscal tear to the right knee with joint osteoarthritis is remanded. Entitlement to an initial rating in excess of 10 percent for residual of meniscal tear to the left knee prior to January 23, 2015 and in excess of 20 percent from that date is remanded. Entitlement to a compensable rating for right meniscal tear with episodes of joint locking prior to January 13, 2020 and in excess of 10 percent from that date is remanded. Entitlement to a compensable rating for left meniscal tear with episodes of joint locking prior to January 13, 2020 and in excess of 10 percent from that date is remanded. REASONS FOR REMAND The Veteran served on active duty from April 1987 to March 1990 with additional active duty for training (ACDUTRA) from January 1986 to June 1986. The appeal was most recently before the Board in September 2019 when it was remanded for further development. There has not been substantial compliance with the remand directives and the claims must be remanded again.  Stegall v. West, 11 Vet. App. 268 (1998). An interim September 2020 rating decision separate 10 percent ratings were granted for both right and left meniscal tears with episodes of locking, effective January 13, 2020. The Board will consider whether a compensable rating is warranted for either meniscal tear prior to that date. See AB v Brown, 6 Vet. App. 35 (1993); 38 C.F.R. § 4 71a, Note (1) (2017). Entitlement to an initial rating in excess of 10 percent for a meniscal tear to the right knee with joint osteoarthritis is remanded. Entitlement to an initial rating in excess of 10 percent for residual of meniscal tear to the left knee prior to January 23, 2015 and in excess of 20 percent from that date is remanded. Entitlement to a compensable rating for right meniscal tear with episodes of joint locking prior to January 13, 2020 and in excess of 10 percent from that date is remanded. Entitlement to a compensable rating for left meniscal tear with episodes of joint locking prior to January 13, 2020 and in excess of 10 percent from that date is remanded. The Board recognizes that on January 2020 VA examination the Veteran reported not having flare-ups of his knee disabilities. However, as noted in the September 2019 remand, he did report having flare-ups throughout the period on appeal including on February 2018 VA examination. Accordingly, on remand, the examiner should include a discussion of the Veteran’s flare-ups throughout the period on appeal and whether an examination could be provided during a flare-up to more completely assess the current limitation of motion and other functional effects or whether an opinion can be provided with consideration of the duration of any flare-ups. Sharp v. Shulkin, 29 Vet. App. 26 (2017). On remand, updated treatment records should be obtained. See 38 C.F.R. § 3.159. See also Bell v. Derwinski, 2 Vet. App. 611 (1992). The matters are REMANDED for the following action: 1. Obtain the names and addresses of all medical providers who treated the Veteran for right or left knee complaints since August 2012 not already associated with the record.  After securing the necessary release, take all appropriate action to obtain these records, including any updated VA treatment since January 2020.     2. After the completion of the above, schedule the Veteran for an examination of the current severity of his service-connected right and left knee disabilities.  Copies of all pertinent records must be made available to the examiner for review.  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 this regard, the examiner must complete the corresponding VA disability benefits questionnaire (DBQ). 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 throughout the entire period on appeal.  To the extent possible, the examiner should identify any symptoms and functional impairments due to his right and left knee disabilities alone and discuss the effect of the Veteran’s right and left knee disabilities on any occupational functioning and activities of daily living.  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).   M.E. Larkin Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Eric Struening 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.