Citation Nr: 21007741 Decision Date: 02/10/21 Archive Date: 02/10/21 DOCKET NO. 18-37 401 DATE: February 10, 2021 REMANDED The issue of reduction of the 10 percent disability rating for the Veteran’s left knee ACL reconstruction is remanded. Entitlement to an increased evaluation of status post left knee ACL reconstruction is remanded. Entitlement to an increased rating for osteoarthritis, left knee is remanded. Entitlement to an increased rating for degenerative changes, right knee is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States from May 1981 to September 2002. This appeal comes before the Board of Veterans’ Appeals (Board) from rating decisions in July 2016 and September 2016 of a Department of Veterans Affairs (VA) Regional Office (RO). In July 2020, the United States Court of Appeals for Veterans Claims (Court) issued a Joint Motion for Partial Remand regarding the Veteran’s reduction in rating for his left knee ACL reconstruction. The Court partially vacated the Board’s August 2019 decision to the extent that it denied restoration of the 10 percent rating for the left knee ACL reconstruction. The parties agreed that a new VA examination was necessary to address the Veteran’s lay statements regarding instability in his knee, and to comply with the Court’s holdings in Sharp v. Shulkin, 29 Vet. App. 26 (2017) regarding functional loss during flare-ups. The Board is mindful that because there are multiple pending claims regarding the Veteran’s knees, the Veteran has undergone additional VA examinations since the Board’s 2019 decision which included findings regarding Sharp. Nonetheless, further development is required to address the Veteran’s lay statements regarding intermittent left knee instability, in order to comply with the Court’s order. 1. The issue of reduction of the 10 percent disability rating for the Veteran’s left knee ACL reconstruction is remanded. Pursuant to the Court’s order in July 2020, further development is necessary before the Board may adjudicate the issue of reduction of the 10 percent disability rating for the Veteran’s left knee ACL reconstruction. Specifically, remand is necessary for a medical examiner to address the Veteran’s lay contentions that he has experienced instability in his left knee. Pursuant to the Court’s order, such examination must comply with the holdings in Sharp v. Shulkin, 29 Vet. App. 26 (2017) regarding functional loss during flare-ups. 2. Entitlement to an increased evaluation of status post left knee ACL reconstruction is remanded. 3. Entitlement to an increased rating for osteoarthritis, left knee is remanded. The Veterans claims for increased ratings for status post left knee ACL reconstruction and osteoarthritis of the left knee are inextricably intertwined with the remanded issue of reduction of the 10 percent disability rating for the Veteran’s left knee ACL reconstruction. See Harris v. Derwinski, 1 Vet. App. 180 (2991) (two issues are “inextricably intertwined” when they are so closely tied together that a final decision on one issue cannot be rendered until a decision on the other issue has been rendered). 4. Entitlement to an increased rating for degenerative changes, right knee is remanded. Clarification regarding flareups pursuant to Sharp is needed. The appellant has argued that the most recent VA examination inconsistently noted that the Veteran that the Veteran had flareups and that there were not flareups of the condition. The examiner noted that the Veteran reported no flareups and that flareups would reduce range of motion to 95 degrees. Additional findings regarding the right knee are needed. The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination (or a telehealth interview, a review of the record, or other appropriate substitute for an in-person examination, if deemed sufficient in the event that an in-person examination is not feasible) to determine the present level of disability of his left knee status post ACL reconstruction, left knee osteoarthritis, and right knee degenerative changes. In addressing knee instability, the examiner should directly address the Veteran’s lay statements that he has needed to leave work one or two times per week due to intermittent left knee instability. See July 2020 CAVC Decision; and see July 2018 Third Party Correspondence (stating that the Veteran’s slight knee instability requires him to leave work one to two times per week). If the examiner determines that there is not instability in the Veteran’s knee, the examiner should explain such discrepancy between the medical findings and the Veteran’s lay statement. The examiner should elicit from the Veteran a complete history of any flare-ups of his right and left knee disabilities. In so doing, the examiner should inquire as to the frequency, duration, characteristics, severity, and functional loss during periods of flare-ups of the disability. The examiner should describe the additional loss, to include in degrees, if possible, or sufficiently explain why any additional functional loss cannot be described or quantified. K. J. ALIBRANDO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Hermsdorfer, 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.