Citation Nr: 21027441
Decision Date: 05/05/21	Archive Date: 05/05/21

DOCKET NO. 17-44 218
DATE: May 5, 2021

REMANDED

Entitlement to a rating in excess of 10 percent for degenerative changes, left knee is remanded.

REASONS FOR REMAND

The Veteran had active service in the Air Force from December 1987 to February 2009.

The appeal originates from a September 2014 decision of a Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran appeared for a hearing before the undersigned in January 2021.

Entitlement to a rating in excess of 10 percent for degenerative changes, left knee is remanded.

The Veteran was scheduled for VA knee examinations in August 2014 and June 2017 but failed to report.  See June 2017 SOC.  He contends that he did not receive notice of the examinations. He adds that his disability has worsened over time.  See January 2021 Hearing Transcript.  ranting him the benefit of the doubt, the Veteran should be afforded another examination to evaluate the current severity of his disability.

The matter is REMANDED for the following action:

Contact the Veteran to schedule him for a knee examination.  The RO is advised that he has failed to report for past examinations, and therefore another should not be scheduled until contact is made.  Any such efforts should be documented in the file.  

The examiner must perform appropriate range of motion testing, expressing all findings in degrees and noting the degree where painful motion, if any, is present.  Further, note the presence, or absence, of weakened movement, excess fatigability, and incoordination present, to include on repetitive testing.  This information must be derived from joint testing for pain on active and passive motion, and in weight-bearing and nonweight-bearing.  The examination report must confirm that all such testing has been made and reflect those testing results. 

The examiner is asked to describe whether pain significantly limits functional ability during flareups, and if so, the examiner must estimate range of motion during flareups, to include a retrospective opinion for the period on appeal.  If the examination does not take place during a period of flareup, the examiner should glean information regarding the flareups' severity, frequency, duration, and functional loss manifestations from the Veteran, medical records, and other available sources.  Efforts to obtain such information must be documented.  If there is no pain and/or no limitation of function, such facts must be noted in the report.

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MICHAEL A. HERMAN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Alhinnawi

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.