Citation Nr: 21027791
Decision Date: 05/06/21	Archive Date: 05/06/21

DOCKET NO. 16-40 645A
DATE: May 6, 2021

REMANDED

Entitlement to an initial increased rating in excess of 20 percent for right knee arthritis from November 2, 2012 to September 28, 2015, and in excess of 30 percent for residuals of a right knee arthroplasty (previously rated as right knee arthritis) from December 1, 2016 is remanded.

REASONS FOR REMAND

The Veteran served on active duty from February 1969 to February 1971. This matter is on appeal to the Board of Veterans' Appeals (Board) from a November 2013 rating decision. A hearing was held by the undersigned Veterans Law Judge in March 2021. 

The Veteran was granted service connection for right knee arthritis in a November 2013 rating decision rated at 20 percent disabling. In September 2015, he underwent a total right knee replacement (right knee arthroplasty). In a June 2016 rating decision, he was granted a temporary total evaluation for residuals of the right knee arthroplasty from September 29, 2015 to November 30, 2016, and a 30 percent rating thereafter. 

In his hearing, the Veteran endorsed severe, constant knee pain with instability and "giving way" pre-surgery. Post-surgery, he stated he has less than 50 percent range of motion in his knee, constant pain, and swelling. He indicated his knee had worsened since his last VA examination in November 2013. 

When a claimant asserts, or the evidence shows, that the severity of a disability has increased since the most recent rating examination, an additional examination is appropriate. Snuffer v. Gober, 10 Vet. App. 400 (1997); see also Bolton v. Brown, 8 Vet. App. 185, 191 (1995) (VA must provide a new examination where a veteran claims the disability is worse than when originally rated and the available evidence is too old to adequately evaluate the current severity); Caffrey v. Brown, 6 Vet. App. 377, 381 (1995).

Particularly considering his surgery during the appeal period and the length of time that has lapsed since his last examination, remand for another VA examination is needed to ascertain the current severity of the Veteran's disability.

The matter is REMANDED for the following action:

Obtain a new examination to determine the current severity and manifestations of the Veteran's right knee disability.

Any indicated evaluations, studies, and tests should be conducted, and evaluations should be performed. The examiner should test the range of motion in active motion, passive motion, weight-bearing, and non-weight-bearing, for the right knee.

The examiner should also indicate whether and the extent to which the Veteran's right knee is affected by pain, weakness, fatigue, lack of endurance, incoordination or other symptoms resulting in additional functional loss. To the extent possible, the examiner must express any functional loss in terms of additional degrees of limited motion (flexion and extension).

If the examiner is unable to conduct the required testing or concludes that the required testing is not necessary in this case, he or she should clearly explain why that is so.

The examiner should also address (1) whether there is additional functional loss during flare-ups and after repetitive use as a result of pain and (2) at what point during range of motion the pain results in functional loss during flare-ups and after repetitive motion; or explain why such a calculation is not feasible.

 

 

L. M. BARNARD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Carroll, 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.