Citation Nr: 21025156 Decision Date: 04/27/21 Archive Date: 04/27/21 DOCKET NO. 14-31 500A DATE: April 27, 2021 REMANDED Entitlement to an initial disability rating in excess of 10 percent for right knee strain is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1995 to September 2011. In January 2018, the Veteran was afforded a Board video hearing before the undersigned Veterans Law Judge. A transcript of that hearing is of record. By way of history, in March 2018, the Board remanded this claim for a VA examination to assess whether the Veteran’s meniscus disorder is in his right or left knee. In October 2019, a VA examiner stated that the Veteran’s meniscus disorder is in his left knee. The issue returned to the Board in January 2020 and was subsequently denied for the reasons stated below. The Veteran appealed the decision to the Court of Appeals for Veterans Claims (Court). In a December 2020 decision, the parties moved the Court to vacate the January 2020 Board decision and issue a Joint Motion to Remand (JMR). In the JMR, the parties agreed the Board erred by failing to ensure the duty to assist was satisfied. The issue of entitlement to an initial disability rating in excess of 10 percent for a right knee strain was remanded back to the Board for further development. The Board regrets the additional delay, but a remand is necessary in order to provide the Veteran with an additional VA examination. Entitlement to an initial disability rating in excess of 10 percent for right knee strain is remanded. In this case, the Veteran seeks an initial disability rating in excess of 10 percent for right knee strain. By way of history, in July 2012, the Regional Office (RO) granted service connection for a right knee strain with an initial noncompensable rating and an effective date of September 24, 2011. Pursuant to an October 2019 rating decision, the Veteran is in receipt of a 10 percent rating. The Veteran appealed the rating aspect of the July 2012 decision. In a March 2018 Board decision, this issue was remanded in order to provide the Veteran with a VA examination to assess whether the Veteran’s meniscus disorder was in his right or left knee. The October 2019 VA examination determined the Veteran has a meniscus disorder is in his left knee. In the January 2020 Board decision, the Board found the preponderance of the evidence was against a rating in excess of 10 percent because there was no additional uncompensated compensable limitation of motion, and his noncompensable limitation of motion was already being compensated. In addition, the Board found no additional staged ratings or additional ratings under Diagnostic Codes (DC) 5261, 5262, 5656, 5258, and 5259. See 38 C.F.R. § 4.71a, DC 5261-5259. The Veteran appealed the Board’s January 2020 decision to the Court, and in a December 2020 decision, the Court, per the JMR, remanded the issues back to the Board for further adjudication. In the JMR, the parties agreed the Board erred by failing to ensure the duty to assist was satisfied. Specifically, the JMR noted the VA has a duty to assist in “providing a medical examination or obtaining a medical opinion when such an examination or opinion is necessary to make a decision on the claim.” 38 U.S.C. § 5103A(d)(1). In the Board’s January 2020 decision, the JMR noted the Board relied on an October 2019 VA examination for knee and lower leg conditions. In the examination, the examiner noted the Veteran’s complaints of right knee pain with bending, stiffness, swelling, locking in the extended position, effusion, and the use of a cane for balance when “the knee locks up.” The JMR noted that, although the examiner acknowledged the Veteran’s complaints of right knee swelling, locking, effusion, and that the Veteran has or had a right knee meniscus tear (semilunar cartilage) condition, the examiner found the Veteran did not exhibit current symptoms of a meniscus condition, which included frequent episodes of joint “locking,” pain, and effusion. However, the JMR concluded that the VA examiner failed to reconcile the Veteran’s report of his right knee symptoms of right knee swelling, locking, and effusion, with the finding that he had “no current symptoms” of a right knee meniscus condition. As such, the JMR directed the Board to obtain a new VA examination that addresses the Veteran’s reports of right knee swelling, locking and effusion and whether such symptoms are related to a right knee meniscus condition. Therefore, the Board finds a remand is necessary in order to provide the Veteran with an additional VA examination. The matters are REMANDED for the following actions: Provide the Veteran with an additional VA examination to determine the severity of the Veteran’s right knee disability. Specifically, the Veteran is asked to review the previous VA examination and address the Veteran’s reports of right knee swelling, locking, and effusion and opine on whether these symptoms are related to a right knee meniscus disability. Michael J. Skaltsounis Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. DeBoer, 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.