Citation Nr: 21028375 Decision Date: 05/11/21 Archive Date: 05/11/21 DOCKET NO. 18-52 576 DATE: May 11, 2021 REMANDED Entitlement to an increased evaluation in excess of 10 percent for left knee arthritis with painful motion is remanded. REASONS FOR REMAND The Veteran served in the United States Army from May 1968 to January 1970, including service in the Republic of Vietnam. Among many decorations, the Veteran was awarded the Silver Star, Vietnam Campaign Medal, Bronze Star, and Purple Heart Medal for his combat-related service. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2016 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO). Following an appeal, in a January 2020 decision, the Board granted a 10 percent evaluation for left knee instability but denied an evaluation in excess of 10 percent for arthritis with painful motion. Further, it denied an evaluation greater than 30 percent of light perception only in the left eye and granted a separate evaluation of 30 percent for asymmetry of the eyes. Thereafter, the Veteran appealed the January 2020 Board decision to the United States Court of Appeals for Veterans Claims (Court). In a November 2020 Order, the Court granted a Joint Motion for Partial Remand (JMPR) filed by the parties to vacate the Board's decision in part and remand for further development. The JMPR additionally noted that the Veteran waived his appeal as to the Board's award of a separate 30 percent rating for asymmetry of the eyes and 10 percent rating for left knee instability and the Board's denial of an increased rating in excess of 30 percent for light perception only in the left eye. As such, those issues are no longer on appeal. he Veteran was notified in December 2020 that his appeal had been returned to the Board, and that he had 90 days to submit additional evidence or argument. The 90-day period having passed, the Board will proceed to address the appeal. Clark v. O'Rourke, 30 Vet. App. 92, 9799 (2018). 1. Entitlement to an increased rating for left knee arthritis. In the November 2020 JMPR, the parties agreed that the Board relied on an inadequate VA examination to deny the Veteran's increased evaluation claim in excess of 10 percent for left knee arthritis. Specifically, the parties noted that in the September 2018 VA examination, the examiner indicated the Veteran experienced pain on weight bearing and passive range of motion but did not note the range of motion on weight bearing and passive range of motion. Further, the examiner did not state where the Veteran's pain began during his range of motion. Lastly, the parties noted that the examiner indicated the Veteran did not report functional loss or impairment but also found that the Veteran's range of motion contributed to functional loss because of pain. As the September 2018 knee examination has been deemed inadequate for rating purposes, a remand for a new examination is warranted. The matters are REMANDED for the following action: Schedule the Veteran for a VA examination to ascertain the current severity of the left knee disability. (a) Test for pain on active motion, passive motion, weightbearing, and non-weightbearing. If the examiner is unable to conduct the required testing or concludes that the required testing is not necessary in this case, an explanation must be provided. The examiner should note the point at which pain begins if different from the point at which the Veteran's range of motion ends. (b) State whether the examination is taking place during a flare-up. If not, the examiner should ask the Veteran to describe the flare-ups he experiences, including: frequency, duration, characteristics, severity, and/or extent of functional impairment he experiences during a flare-up of his symptoms. CHRISTOPHER A. WENDELL Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K.M. Walker 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.