Citation Nr: 21020726 Decision Date: 04/08/21 Archive Date: 04/08/21 DOCKET NO. 20-25 701 DATE: April 8, 2021 REMANDED Entitlement to a disability rating exceeding 10 percent for a right wrist disability is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. Entitlement to service connection for a right hand knuckle injury is remanded. Entitlement to service connection for a right knee disability is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1982 to April 1990. This appeal comes to the Board from July 2015 and April 2017 rating decisions. The Veteran testified at an October 2020 hearing. He indicated there are outstanding records regarding a disability claim with the Social Security Administration (SSA). He also indicated he is willing to report for new examinations to correct errors in the older ones. VA obtained examinations of the right knee in July 2015 and the right wrist in January 2017 and March 2020. The Board finds the right knee examination is not adequate. The examiner indicated that the Veteran’s current disability of right knee osteoarthritis is distinct from the right knee medial meniscus and MCL injury noted in his May 1985 service records. However, the examiner did not address the Veteran’s reports of continued pain from the time of his service through the present. The examiner did not explain why the injury that caused the medial meniscus and MCL injuries did not at least as likely as not cause the arthritis. The examiner did not identify the cause of the arthritis. The examiner did not state whether it is at least as likely as not the arthritis began within one year of the Veteran’s separation from active duty. See 38 C.F.R. § 3.309(a). On remand, VA should obtain all outstanding relevant records including records from SSA before affording the Veteran new examinations to address the deficiencies noted above. As the September 1985 service records and post-service records both show treatment for a right hand knuckle disability, VA should also obtain a right hand knuckle examination. See, e.g., October 2016 Primary Care Note from Washington VA Medical Center. VA should also obtain a current examination of the right wrist. The Board finds the Veteran’s hearing testimony about his SSA claim raises the issue of entitlement to TDIU in association with his claims on appeal. After it completes the development noted above and decides the other claims on appeal, VA should decide whether the Veteran is entitled to TDIU. The Board REMANDS for the following actions: 1. VA should contact the Veteran and ask him to list any outstanding records including from SSA regarding his disability claim. VA should obtain the SSA records and other relevant records to add the file. 2. After it adds outstanding records to the file, VA should obtain additional medical opinions to identify the cause of the Veteran’s right knee and right hand knuckle disabilities. VA should provide each examiner with a copy of the file. The examinations should address the following, with a full rationale: (a.) The examinations of the right knee and right hand knuckle should identify all impairments of the right knee and right hand knuckle. This includes documented injuries in the Veteran’s service treatment records and post-service records. Examples include osteoarthritis of the right knee, a medial meniscus and MCL injury to the right knee, and right hand knuckle pain. For the purpose of the examination, the examiners should consider any impairment due to pain to be a disability. (b.) Regarding each impairment, the examiners should opine whether it is at least as likely as not (50 percent or greater probability) it began during or was caused by service. They should provide a complete rationale. The rationale should address documented knee and right hand knuckle injuries in the service records. It should address the Veteran’s reports of continuity of relevant symptoms from his service to the present. (c.) Regarding arthritis of the right knee and knuckles, the examiners should opine whether it at least as likely as not began within one year of the Veteran’s separation from active duty. They should provide a complete rationale. The rationale should address documented right knee and right hand knuckle injuries in the service records. It should address the Veteran’s reports of symptoms from his service to the present. 3. VA should also obtain a current examination of the right wrist. The current examination should address the changes the rating criteria effective February 7, 2021 as well as the older criteria to the extent they may support a higher rating. See Schedule for Rating Disabilities: Musculoskeletal System and Muscle Injuries, 85 Fed. Reg. 76453 (Nov. 30, 2020) (to be codified at 38 C.F.R. § 4.71a). The most up-to-date Disability Benefits Questionnaire should be utilized, and all opinions must be supported by a rationale. 4. After deciding the other claims on appeal, VA should decide the TDIU claim. A. C. MACKENZIE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Michael Duffy, 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.