Citation Nr: 21032410
Decision Date: 05/27/21	Archive Date: 05/27/21

DOCKET NO. 17-53 945
DATE: May 27, 2021

REMANDED

Entitlement to a compensable disability rating for service-connected mechanical derangement anserine bursitis with loose body of the right knee with degenerative arthritis is remanded.

Entitlement to a compensable disability rating for service-connected left knee osteoarthritis with instability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 1978 to July 1983. In March 2021, he testified at a Board hearing before the undersigned Veterans Law Judge. A transcript of the proceeding is in the record.

The Veteran's respective knee disabilities are rated under 38 C.F.R. § 4.71a, Diagnostic Code 5257, which provides ratings based on recurrent subluxation or lateral instability (under rating criteria in effect prior to February 2021). He contends that he has experienced worsening instability in both of his knees. At his Board hearing he testified to his knees buckling and giving way when he walks. He stated that he used either his walker or a cane to help him walk.

The Veteran was last afforded a VA examination to evaluate the severity of his knee disabilities in August 2019. The examination report showed no findings of instability in either knee. Since that time, the Veteran underwent a total left knee arthroplasty in October 2019. Given his Board testimony attesting to worsening symptoms of knee instability and the fact that he underwent left knee surgery since his last VA examination, remand is needed to afford him a new examination to obtain updated findings on the severity of his bilateral knee disabilities.

The matters are REMANDED for the following action:

Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected mechanical derangement anserine bursitis with loose body of the right knee with degenerative arthritis and his left knee osteoarthritis with instability.  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).

 

 

M. E. Larkin

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Komperda, 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.