Citation Nr: 21024310 Decision Date: 04/22/21 Archive Date: 04/22/21 DOCKET NO. 13-13 046 DATE: April 22, 2021 REMANDED Entitlement to an increased rating greater than 10 percent for degenerative joint disease, status post right knee injury, is remanded. REASONS FOR REMAND The Veteran had active duty in the United States Army from November 1977 to November 1997. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a February 2010rating decision from the Decatur, Georgia Regional Office (RO) for the Department of Veterans Affairs (VA). In November 2016, the Board remanded the Veteran’s claims for further development. The Board denied the above claim in a February 2020 decision. The Veteran appealed the denial of the United States Court of Appeals for Veterans Claims (Court) and in a December 2020 Joint Motion for Partial Remand (JMR) the parties requested that the Court vacate the February 2020 decision with respect to the denial of the right knee claim. A December 2020 Order from the Court vacated the claim and remanded the issue to the Board for further consideration. Entitlement to an increased rating greater than 10 percent for degenerative joint disease, status post right knee injury The December 2020 JMR concluded that the erred in relying on a July 2019 VA examination report that “failed to adequately address [the Veteran’s] functional loss of the right knee in terms of the degree of additional range of motion (ROM) [during flare-ups].” In a March 2021 statement, the Veteran also indicated that previous examinations had been inadequate in considering her functional loss during flare-ups. In light of the foregoing, the Board concludes that a remand for a new examination is necessary. The matters are REMANDED for the following action: 1. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of her service-connected right 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. In so doing, the examiner must test the Veteran’s active motion, passive motion, and pain with weight-bearing and without weight-bearing. If it is not possible to provide a specific measurement without speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner (does not have the knowledge or training). In addition, the examiner must attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups. If it is not possible to provide a specific measurement 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. If it is not possible to provide a specific measurement without speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner (does not have the knowledge or training). 2. After completing the foregoing and any other development deemed necessary, readjudicate the Veteran’s claim. If a complete grant of the benefits requested is not granted, issue a supplemental statement of the case (SSOC) to the Veteran and her representative. J.W. FRANCIS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. J. Houbeck, 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.