Citation Nr: 21029998
Decision Date: 05/17/21	Archive Date: 05/17/21

DOCKET NO. 15-43 457
DATE: May 17, 2021

REMANDED

The issue of an increased rating for left knee disorder since January 30, 2013, currently rated 10 percent for traumatic arthritis and patellofemoral syndrome and 10 percent for instability, is remanded.

REASONS FOR REMAND

The Veteran served in the U.S. Marine Corps from August 1953 to August 1959.

In April 2018, the Veteran was afforded a videoconference hearing before the undersigned Veterans Law Judge. 

The issue of an increased rating for left knee disorder since January 30, 2013, currently rated 10 percent for traumatic arthritis and patellofemoral syndrome and 10 percent for instability, is remanded.

The matters are REMANDED for the following action:

1. BACKGROUND FOR THE RO ADJUDICATOR:

In June 2018, the Board remanded the appeal for a new knee examination. VA exam scheduling documents indicate that he had to be scheduled at a particular VA facility because no other locations were accepting examinations. The Veteran was scheduled for a June 2019 examination which was subsequently canceled. VA stated that the Veteran declined the examination. 

When the Veteran received the supplemental statement of the case (SSOC), which stated that he failed to report for the examination, he submitted a statement explaining that the facility at which the examination was scheduled was beyond the distance which he could drive and that he could not leave his wife for that long. He stated that the person who called to schedule the June 2019 examination told him that she would research having him scheduled at a different location but that he never heard anything until he received the SSOC stating that he failed to report for his examination.

Remand is necessary to reschedule the examination at a facility accessible to the Veteran.

2. Schedule the Veteran for a VA knees examination to obtain an opinion as to the current nature of his left knee disorder. All indicated tests and studies should be accomplished and the findings reported in detail. 

All relevant medical records must be made available to the examiner for review of pertinent documents. The examination report should specifically state that such a review was conducted. The examiner must provide a comprehensive explanation for all opinions provided.

The examination and report must comply with Correia, Mitchell, and Sharp and, therefore:

(a.) testing must be done on both knees.

(b.) must include range of motion testing on passive AND active motion. 

(c.) must address whether there is pain on weight bearing AND non-weight-bearing.

(d.) must indicate the degree at which pain begins during each range of motion. 

(e.) must include an estimate of the degrees of range of motion lost during flare-ups AND following repeated use over time.

3. Following development, readjudicate the claim in accordance with established appellate procedures.

 

 

Vito A. Clementi

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. E. Miller, 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.