Citation Nr: 21029967 Decision Date: 05/17/21 Archive Date: 05/17/21 DOCKET NO. 16-44 361 DATE: May 17, 2021 REMANDED Entitlement to a rating in excess of 30 percent for service-connected right knee replacement is remanded. Entitlement to a compensable rating for service-connected left knee scar is remanded. Entitlement to a compensable rating for service-connected right knee scar is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Air Force from October 1972 to October 1995. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a January 2013 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). 1. Entitlement to a rating in excess of 30 percent for service-connected right knee replacement is remanded. 2. Entitlement to a compensable rating for service-connected left knee scar is remanded. 3. Entitlement to a compensable rating for service-connected right knee scar is remanded. Although the Board regrets further delay, a remand is necessary to ensure that due process is followed and that there is a complete record upon which to decide the Veteran's claims so that he is afforded every possible consideration. 38 U.S.C. § 5103A (2012). The record reflects that the Veteran's most recent VA examination for his increased rating claims was in April 2015, which was more than six years ago. The Board finds that there is insufficient evidence of record to evaluate the Veteran's disabilities for the entire appeal period. Thus, an updated VA examination is needed to fully and fairly evaluate the Veteran's claims for increased disability ratings. See Allday v. Brown, 7 Vet. App. 517, 526 (1995) (where the record does not adequately reveal the current state of claimant's disability, fulfillment of statutory duty to assist requires a contemporaneous medical examination). The matters are REMANDED for the following action: 1. Obtain all VA treatment records not currently associated with the claims file. 2. Schedule a new examination to evaluate the current severity of the Veteran's right knee replacement and bilateral knee scars. The claims folder must be made available to and reviewed by the examiner. The examiner should note in the examination report that the claims folder has been reviewed. All indicated studies, including x-rays should be performed. The examiner must do the following: A. In reporting the results of range of motion testing, identify any objective evidence of pain, AND the degree at which pain begins (e.g., 0 to 130 degrees with pain at 115 degrees). B. Record the results of range of motion testing for pain on active motion, passive motion, weight-bearing, and non-weight-bearing in light of Correia. 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. C. Express an opinion concerning whether there would be additional functional impairment on repeated use or during flare-ups assessed in terms of the degree of additional range of motion loss. In regard to flare-ups (pursuant to Sharp v. Shulkin), if the Veteran is not currently experiencing a flare-up, based on relevant information elicited from the Veteran, review of the file, and the current examination results regarding the frequency, duration, characteristics, severity, and functional loss regarding his flares, the examiner is requested to provide an estimate of the Veteran's functional loss due to flares expressed in terms of the degree of additional range of motion lost, or explain why the examiner cannot do so. [The Board recognizes the difficulty in making such determinations but requests that the examiner provide his or her best estimate based on the examination findings and statements of the Veteran.] (continued on next page) TANYA SMITH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Papacalos, 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.