Citation Nr: 21014306 Decision Date: 03/11/21 Archive Date: 03/11/21 DOCKET NO. 97-16 691 DATE: March 11, 2021 REMANDED The issue of an initial rating in excess of 20 percent for status post right knee medial meniscus tear with debridement of the articular cartilage and stress fracture with scar is remanded. The issue of an initial rating in excess of 10 percent for right knee osteoarthritis is remanded. The issue of special monthly compensation (SMC) based on housebound status pursuant to 38U.S.C. §1114(s) prior to April 28, 2003, is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1995 to March 1995, and from January 2002 to April 2002. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO). In June 2014, the Veteran testified at a hearing before the Board. Most recently, in April 2020, the Board remanded these matters for further evidentiary development. Right Knee Disability The April 2020 Board remand directed, “In addition to estimating current right knee motion loss in terms of degrees during periods of repetitive use or flare-ups from the contemporaneous clinical examination, the examiner is specifically asked to review the prior examination reports and provide an estimate of right knee motion loss in terms of degrees for flare-ups or repetitive use.” Pursuant to the April 2020 remand, the Veteran underwent VA examination in August 2020. The August 2020 VA examiner indicated that pain, weakness, fatigability or incoordination did not significantly limit functional ability with flare ups or with repeated use over a period of time and thus, did not describe either in terms of range of motion. However, the examiner did not address review of the prior VA examination reports and provide an estimate of right knee motion loss in terms of degrees for flare-ups or repetitive use. Accordingly, remand is required. See Stegall v. West, 11 Vet. App. 268, 271 (1998) (holding veterans are entitled to compliance with Board remand instructions). Additionally, review of the evidence of record reveals the Veteran has submitted additional pertinent evidence since the December 2020 supplemental statement of the case (SSOC). Moreover, the Veteran has not expressed waiver of Agency of Original Jurisdiction (AOJ) review. As such, a remand is required for consideration of this evidence and for the issuance of an appropriate SSOC. See 38 C.F.R. § 20.1305(c). SMC Prior to April 28, 2003 The adjudication of the right knee claim may favorably impact this portion of the earlier effective date claim for SMC(s). The Board will defer adjudication until above remanded claims are resolved. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (holding that where a decision on one issue would have a significant impact upon another, and that impact in turn could render any appellate review on the other claim meaningless and a waste of judicial resources, the two claims are inextricably intertwined). The matters are REMANDED for the following action: Obtain an addendum opinion from the August 2020 VA examiner, if available, and if unavailable from another appropriate clinician, regarding the following: The examiner is specifically asked to review the prior VA examination reports and provide an estimate of right knee motion loss in terms of degrees for flare-ups or repetitive use. If the examiner is unable to estimate right knee motion loss in terms of degrees during periods of repetitive use or flare-ups from prior examination reports, he or she must provide a clear explanation and state whether such inability to estimate right knee motion loss in terms of degrees is due to a lack of knowledge by the individual examiner or among the medical community at large. JAMES L. MARCH Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Griffith 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.