Citation Nr: 21015658 Decision Date: 03/18/21 Archive Date: 03/18/21 DOCKET NO. 18-02 081 DATE: March 18, 2021 REMANDED Entitlement to disability ratings in excess of 10 percent for bilateral knee disabilities is remanded. REASONS FOR REMAND Veteran served on active duty in the United States Marine Corps from January 2008 to December 2011. This matter comes before the Board of Veterans’ Appeals (Board) on appeal of a December 2016 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO). In May 2020, the Veteran testified during a video conference hearing before the undersigned Veterans Law Judge. A transcript of the hearing is associated with the claims file. Regrettably, the Board finds that additional development is necessary before the issues on appeal can be adjudicated. The Veteran’s service-connected bilateral knee disabilities (patellofemoral pain syndrome) are currently rated as 10 percent disabling under DC 5260 (leg, limitation of flexion) based on functional loss due to painful motion. 38 U.S.C. § 4.59, 4.71a. The Veteran contends that the symptoms of his bilateral knee disabilities are productive of higher disability ratings. The Veteran was provided a VA examination for knee and lower leg conditions in November 2016. At the May 2020 hearing, the Veteran indicated that his bilateral knee disability has significantly worsened since the November 2016 examination. Treatment records from October 2019 noted symptoms of pain, instability, buckling, and giving way. Additionally, the October 2019 treatment records indicate that an MRI was ordered for the Veteran’s knees. In a July 2020 statement, the Veteran reported difficulty scheduling his MRI due to the COVID-19 pandemic. The October 2019 treatment records are the most recent medical records in the Veteran’s claim’s file. As it has been over four years since the Veteran was examined for knee and lower leg conditions and the Veteran believes his conditions have significantly worsened, he should be afforded a new VA examination to assess the current nature, extent, and severity of his bilateral knee disability. See Snuffer v. Gober, 10 Vet. App. 400 (1997). This matter is REMANDED for the following action: 1. Obtain the Veteran’s updated VA treatment records and associate them with the evidence of record. After obtaining all needed authorizations from the Veteran, associate with the claims file any outstanding private treatment records. If possible, the Veteran himself should submit these records (if any), and any other new treatment for this problem, himself, to expedite the case. Any assistance on this issue would be appreciated. 2. Schedule the Veteran for an examination by an appropriate clinician to determine the current nature, extent, and severity of his service-connected bilateral knee disability. 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. All appropriate diagnostic testing must be performed; if any testing is unable to be performed, a complete explanation must be provided. If the requested opinion cannot be rendered without resorting to speculation, the examiner must state whether the need to speculate is caused by a deficiency in the state of general medical knowledge, i.e., no one could respond given medical science and the known facts, or by a deficiency in the record or the examiner, i.e., additional facts are required, or the examiner does not have the needed knowledge or training. 3. After completion of the aforementioned, the AOJ should readjudicate the issues on appeal. If the benefit sought on appeal is not granted, then the AOJ should provide the Veteran with a supplemental statement of the case and afford him the appropriate opportunity to respond thereto. Thereafter, the case must be returned to the Board for further appellate review. John J. Crowley Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board E. VanValkenburg, 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.