Citation Nr: 21022146
Decision Date: 04/14/21	Archive Date: 04/14/21

DOCKET NO. 16-22 541
DATE: April 14, 2021

REMANDED

Entitlement to a rating in excess of 30 percent for left knee total knee replacement from June 1, 2017 is remanded.

Entitlement to a total disability rating based on individual unemployability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from May 1978 to August 1990.

1. Entitlement to a rating in excess of 30 percent for left knee total knee replacement from June 1, 2017 is remanded.

This matter was previously remanded to obtain an examination. The SSOC notes that the Veteran failed to report for his examination. The record contains evidence of a canceled VA examination in January 2020 based on the Veteran being unavailable. However, the record does not contain evidence that the Veteran was notified of the exam, or when it was scheduled. The exam cancelation record also does not say that the Veteran did not respond or failed to show up for a scheduled examination, only that he was unavailable. 

 

2. Entitlement to a total disability rating based on individual unemployability is remanded.

Because a decision on the referred issue of an increased rating for the left knee total knee replacement could significantly impact a decision on the issue of tDIU,  the issues are inextricably intertwined.  A remand of the claim for TDIU is required.

The matters are REMANDED for the following action:

1. Schedule the Veteran for an appropriate examination to determine the severity of his service-connected residuals of a left total knee replacement. The file should be made available to the examiner. 

An explanation for all opinions expressed must be provided.

The examiner should test the range of motion in active motion, passive motion, weight-bearing, and nonweight-bearing and comment upon any left knee pain upon such testing. If the examiner is unable to conduct the required testing or concludes that the required testing is not necessary in this case, he or she should clearly explain why that is so. 

The examiner is also asked to comment on whether there are chronic residuals consisting of severe painful motion or weakness in the affected extremity. 

2. After the above development, and any additionally indicated development, has been completed, readjudicate the issues on appeal, including the inextricably intertwined issue of entitlement to TDIU.  If the benefit sought is not granted to the Veteran’s satisfaction, send the Veteran and his representative a Supplemental Statement of the Case and provide an opportunity to respond.  If necessary, return the case to the Board for further appellate review.

 

 

H. N. SCHWARTZ

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Creegan

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.