Citation Nr: 21028251 Decision Date: 05/10/21 Archive Date: 05/10/21 DOCKET NO. 12-11 523 DATE: May 10, 2021 REMANDED A rating higher than 30 percent for a left knee disorder based on limitation of extension is remanded. A rating higher than 10 percent for a left knee disorder based on lateral instability is remanded. A separate rating for a left knee disorder based on dislocated semilunar cartilage is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1978 to October 1998. The Board of Veterans' Appeals (Board) denied increased ratings for his service-connected left knee disorder in a November 2019 decision. In December 2020, the Court of Appeals for Veterans Claims (Court) granted a joint motion to remand the case for further development and readjudication. The parties to the joint motion agreed that the November 2015, August 2017, December 2017, and December 2018 VA knee examinations were all inadequate because the examiners failed to comply with the requirements of Sharp v. Shulkin, 29 Vet. App. 26, 32 (2017), regarding functional loss during flare-ups. See Joint Motion for Partial Remand at 2-3. Thus, remand to the agency of original jurisdiction for a new examination is warranted. Consistent with Sharp, the examiner must attempt to elicit all relevant information regarding the severity, frequency, duration, precipitating and alleviating factors, and extent of functional impairment from flare-ups. 29 Vet. App. at 32. Additionally, the parties to the joint motion agreed that the Board did not address whether a separate rating for dislocated semilunar cartilage (menisci) under 38 C.F.R. § 4.71a, Diagnostic Code 5258, is appropriate. Joint Motion for Partial Remand at 3-4. On remand, the examiner should expressly state whether there is dislocation of the semilunar cartilage, and describe in detail all associated signs, symptoms, and functional loss. The Board by this remand makes no determination, expressed or implied, concerning the credibility of any statements on file. The matters are REMANDED for the following action: 1. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected left knee disorder. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria. In so doing, the examiner must attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups. If it is not possible to provide a specific measurement based on direct observation, the examiner should provide an estimate, if at all possible, of the additional impairment due to flare-ups based on the other evidence of record and the Veteran's statements. If it is not possible to provide a specific measurement without speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner (does not have the knowledge or training). 2. Review the examination above to ensure substantial compliance with the Board's directives. Take any necessary corrective action. 3. Readjudicate the Veteran's claims in a supplemental statement of the case, and allow the Veteran and his representative the opportunity to respond. Then return to the Board for further appellate review. KELLI A. KORDICH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D.Z. Wall, 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.