Citation Nr: 21028909 Decision Date: 05/12/21 Archive Date: 05/12/21 DOCKET NO. 13-14 868 DATE: May 12, 2021 REMANDED Entitlement to a disability rating in excess of 10 percent for mild osteoarthritis, right knee, is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1985 to October 1985 and from August 1997 to December 2004. This case comes before the Board of Veterans' Appeals (Board) on appeal from a February 2010 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). This case was most recently remanded in September 2020. The Veteran asserts that her service-connected right knee disability is more severe than is reflected by her current evaluation. The Veteran's right knee disability is rated as 10 percent disabling under Diagnostic Codes (DC) 5257-5003. The regulations pertaining to rating the musculoskeletal system including DCs 5000-5331 were amended, effective February 7, 2021. See 85 Fed. Reg. 76453, 76460 (Nov. 30, 2020) (to be codified at 38 C.F.R. § 4.71a, DCs 5000-5331). Under the amended criteria, DC 5257 also rates patellar instability. A diagnosed condition involving the patellofemoral complex with recurrent instability (with or without history of surgical repair) that does not require a prescription from a medical provider for a brace, cane, or walker warrants a 10 percent rating. A diagnosed condition involving the patellofemoral complex with recurrent instability after surgical repair that requires a prescription by a medical provider for one of the following: A brace, cane, or walker warrants a 20 percent rating. A diagnosed condition involving the patellofemoral complex with recurrent instability after surgical repair that requires a prescription by a medical provider for a brace and either a cane or walker warrants the maximum 30 percent rating. During the Veteran's March 2021 VA examination for knee and lower leg conditions, the VA examiner found that she made regular use of a brace and occasional use of a cane to assist with locomotion. The examiner indicated that the Veteran did not require a prescription for these devices to assist with locomotion, but the examiner did not explicitly state that she did not have a prescription. The medical evidence of record does not cover the period after 2017. Consequently, the Board has insufficient information to determine whether the Veteran's brace or cane are prescribed. The matter is REMANDED for the following actions: 1. Make efforts to obtain all outstanding medical records in accordance with the duties set forth in 38 C.F.R. § 3.159(c), especially those pertaining to the Veteran's right knee disability and any associated assistive devices for the period from July 2017 onward. 2. After completion of the preceding action and associating all outstanding relevant identified records with the Veteran's claims file, schedule the Veteran for a VA examination by an appropriate clinician to determine the current severity of her right knee disability. 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, including whether a prescription is required for any assistive devices (brace, cane, or walker). 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). The Board recognizes the practical difficulties of scheduling an examination in view of the COVID-19 epidemic, and requests flexibility and understanding in affording an opportunity to report for an examination. A. C. MACKENZIE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board E. Hicks, 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.