Citation Nr: 21025914
Decision Date: 04/29/21	Archive Date: 04/29/21

DOCKET NO. 10-04 367A
DATE: April 29, 2021

REMANDED

Entitlement to a rating in excess of 10 percent for left knee patellofemoral pain syndrome is remanded.

Entitlement to a rating in excess of 10 percent for a right knee patellofemoral pain syndrome is remanded.

Entitlement to a rating in excess of  40 percent prior to April 1, 2009, 20 percent from April 1, 2009, to April 10, 2012, and 40 percent from August 10, 2012, for degenerative disc disease of the lumbar spine with intervertebral disc disease is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 1996 to July 1998.

These matters were most recently before the Board in October 2019 when they were remand for additional development.  The Veteran testified at hearings before the undersigned Veterans Law Judge in October 2019 and December 2020.

The Veteran most recently underwent VA examinations for his knee and back disabilities in December 2019.  One year later, during a December 2020 Board hearing, the Veteran testified that these disabilities had gotten worse since his last VA examinations.  Regarding his knees, the Veteran testified that his knees now “jump out of socket.”  He reported that he had gone to almost constant use of his knee braces (increased from “regular” use of the braces on examination in 2019.)  See December 2020 hearing transcript.  After all outstanding treatment records (since January 2020) are obtained, the Veteran should be scheduled for a VA knee examination to determine the current severity of his service-connected right and left knee disabilities.

Regarding his back, the Veteran testified that he had been told by his doctor “to actually stay in bed” because of his back disability.  He also reported that this now happens at least three times per week.  See December 2020 hearing transcript.  It is unclear from this testimony whether any physician has actually prescribed bedrest.   Remand is needed to obtain the Veteran’s treatment records dated after his last VA examination in December 2019.

The matters are REMANDED for the following action:

1.  Obtain all outstanding, pertinent treatment records related to the Veteran’s service-connected right knee, right knee and lumbar spine disabilities, particularly those dated beginning in January 2020.

2.  Thereafter, schedule the Veteran for a VA examination to determine the current nature and severity of his service-connected right and left knee disabilities.  The record and a copy of this remand must be made available to and reviewed by the examiner.  The examination must include all physical and diagnostic testing deemed necessary by the examiner in conjunction with this request.  The examiner should report all manifestations and functional impairment related to the Veteran’s service-connected right and left knee disabilities, to include functional impairment as to occupational activities.  The examination must be conducted in accordance with the current disability benefits questionnaire or examination worksheet applicable to the disabilities.

3.  Undertake any additional development indicated by the results of the development requested above.

 

 

A. ISHIZAWAR

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Fletcher, Kathleen

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.