Citation Nr: 21027369 Decision Date: 05/05/21 Archive Date: 05/05/21 DOCKET NO. 15-10 015 DATE: May 5, 2021 REMANDED An initial rating in excess of 10 percent prior to February 1, 2011, and in excess of 20 percent thereafter, exclusive of the total rating period from October 1, 2010 to January 31, 2011, for left knee status post meniscectomy with Baker's cyst. REASONS FOR REMAND The Veteran served on active duty from September 1997 to January 1998, from August 2005 to December 2005, and from January 2009 to May 2009. The case is on appeal from a January 2010 rating decision. Most recently, in a July 2020 decision, the Board remanded service connection for a left ankle disability and the left knee claim for additional development. When the case was in remand status, in a March 2021 rating decision, the RO granted service connection for left ankle lateral collateral ligament strain effective July 29, 2010. As the left ankle claim has been granted in full, it is no longer before the Board. See Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997). An initial rating in excess of 10 percent prior to February 1, 2011, and in excess of 20 percent thereafter, exclusive of the total rating period from October 1, 2010 to January 31, 2011, for left knee status post meniscectomy with Baker's cyst. The Veteran is seeking a higher rating for his service connected left knee disability. Most recently, in July 2020, the Board remanded the claim in order to obtain additional findings regarding subluxation and instability as well as an estimation of range of motion during flareups pursuant to Sharp v. Shulkin, 29 Vet. App. 26, 33 (2017). Pursuant to the July 2020 Board remand, the Veteran was afforded another knee examination and an addendum opinion in regard to subluxation and instability was obtained in January 2021. While the examiner provided findings in regard to the Veteran's left knee functional impairment during flareups, he did not provide an estimation of range of motion during flareups or explain why this information could not be provided. The Board finds that a remand is necessary to obtain an opinion in regard to the Veteran's left knee range of motion during flareups at the time of the January 2021 examination and at the time of the January 2011 examination. See Stegall v. West, 11 Vet. App. 268, 271 (1998); Sharp, 29 Vet. App. at 33. This claim is REMANDED for the following action: Forward the claims file to an appropriate examiner to assess the Veteran's left knee disability. Following a review of the claims file, the examiner should estimate the amount in degrees of ranges of motion lost due to flare-ups experienced by the Veteran at the time of the examinations conducted in January 2011 and January 2021. If the examiner cannot provide some or all of the requested opinions regarding flareups, he or she should explain why such opinions cannot be provided. A rationale should be provided for opinions expressed. RYAN T. KESSEL Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D. Jimerfield 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.