Citation Nr: 21016125 Decision Date: 03/19/21 Archive Date: 03/19/21 DOCKET NO. 17-58 541 DATE: March 19, 2021 REMANDED Entitlement to rating higher than 10 percent for left knee disability, limitation of flexion, is remanded. Entitlement to a rating higher than 10 percent for left knee instability is remanded. REASONS FOR REMAND The Veteran served on active duty with the U.S. Navy from September 1991 to August 1996. The Veteran testified at a Board hearing in October 2019 before the undersigned Veterans Law Judge. A transcript is associated with the record. The Board remanded the appeal in October 2019 in order to afford the Veteran a new VA examination. 1. Entitlement to rating higher than 10 percent for left knee disability, limitation of flexion, is remanded. 2. Entitlement to a rating higher than 10 percent for left knee instability is remanded. The December 2019 examination included conflicting information regarding the Veteran’s flare-ups. Specifically, the Veteran reported occasional flare ups of swelling and the examiner checked “no” in response to whether the Veteran had flare ups during pain. However, a description following indicated he experienced constant, sharp pain precipitated by standing. The examiner failed to address the Veteran’s flare ups despite his description of pain and other related symptoms. The examiner did not attempt to elicit relevant information regarding any additional functional loss suffered during flare-ups. As such, a new examination is required in order to address the Veteran’s left knee disability flare ups. The matters are REMANDED for the following action: 1. Schedule the Veteran for an examination to determine the current severity of his left knee disability. 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. To the extent possible, the examiner should identify any symptoms and functional impairments due to the Veteran’s left knee disability alone and discuss the effect of the Veteran’s left knee disability on any occupational functioning and activities of daily living. If it is not possible to provide a specific measurement, or an opinion regarding flare-ups, symptoms, or functional impairment 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. H.M. WALKER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Price, 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.