Citation Nr: 21009006 Decision Date: 02/18/21 Archive Date: 02/18/21 DOCKET NO. 15-01 942 DATE: February 18, 2021 REMANDED The claim for a rating in excess of 10 percent for limitation of flexion of left knee is remanded. The claim for a compensable rating for limitation of extension of left knee is remanded. REASONS FOR REMAND The Veteran had active service from December 1990 to June 1991, from August 2005 to July 2006, and from April 2009 to July 31, 2010. A rating decision in May 2011 granted service connection for a left knee disability and assigned a noncompensable rating for limitation of flexion. A rating decision in November 2014 increased the rating to 10 percent. A rating decision in May 2020 granted a separate noncompensable rating for limitation of extension of the left knee. The Veteran is seeking higher ratings. The Veteran testified at a hearing before the undersigned Veterans Law Judge in November 2017. A Board decision in September 2018 remanded the issue for increased rating for the left knee for further development to assess the severity of the Veteran’s left knee, to include a VA examination. The Veteran was afforded a VA examination in August 2019, at which the examiner noted painful motion and indicated that pain and weakness caused functional loss. However, the examiner stated that it was not feasible to describe the functional loss in terms of range of motion. The examiner then describe the functional loss by reference to the Veteran’s report that limitation imitations include: constant pain 4/10; pain increased to 9/10 by end of average day; pain increased to 10/10 for prolonged sitting/standing/walking; walks with cane; uses arm rest to get in and out of chair; could not walk more than 0.2 miles without having to take a break; avoiding squatting and bending when possible; could not kneel or put any pressure on knees. However, the examiner did not specifically explain why range of motion could not be estimated. In his substantive appeal (Form 9), the Veteran stated that he had regular appointments to get steroid injections for his knees and he was also taking narcotic medication for pain. The VA treatment records showed that the Veteran received multiple left knee injections in 2015 and 2016. He took Meloxicam 15 mg daily for pain relief. (See a 6/1/2017 document entitled “CAPRI”). As such, it is necessary to conduct additional development to assess the functional loss of the left knee in terms of reduced range of notion caused by pain. Sharp v. Shulkin, 29 Vet. App. 26 (2017). The matters are REMANDED for the following action: Schedule the Veteran for a VA examination to assess the severity of the Veteran’s left knee disabilities. In doing so, the examiner should: make efforts to estimate the Veteran’s functional loss in his left knee in terms of degrees of loss of range of motion caused by pain and/or weakness based on all evidence of the records, to include the Veteran’s lay statements as well as relevant medical records, such as the 6/1/2017 document entitled “CAPRI”. If such estimate cannot be provided, the examiner must provide an adequate explanation. Please note, in Sharp, the court held that inability to furnish such an estimate must be predicated on a lack of medical knowledge among the medical community at large, rather than insufficient knowledge by the individual examiner. MATTHEW W. BLACKWELDER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Q. Wang, 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.