Citation Nr: 21040378 Decision Date: 07/03/21 Archive Date: 07/03/21 DOCKET NO. 16-24 719A DATE: July 3, 2021 REMANDED Entitlement to a disability evaluation in excess of 10 percent for degenerative joint disease and osteoarthritis of the right knee prior to December 7, 2017; and in excess of 30 percent for total right knee arthroplasty from February 1, 2019, is remanded. Entitlement to a total disability evaluation based upon individual unemployability due to service-connected disabilities (TDIU) is remanded. REASONS FOR REMAND The Veteran, who is the appellant, had active service from July 1975 to July 1979. This matter was previously before the Board of Veterans' Appeals (Board) in April 2019, at which time it was remanded for further development. As will be discussed in greater detail below, this matter requires additional development. As it relates to the issue of an increased evaluation for the right knee, the Board notes that while the Veteran was afforded a VA examination in August 2019, the results of the examination are insufficient in order to properly rate the Veteran's current disability, to include the absence of findings as to the presence and/or severity of instability. Moreover, close to two years have passed since the prior examination, with a significant passage of time subsequent to the last surgery, as opposed to the past examination. Given the foregoing, the Veteran should be afforded an additional VA examination to determine the current severity of his service-connected right knee disorder. As to the issue of entitlement to a TDIU, the Board notes that it is inextricably intertwined with the recently granted claim of service connection for an alcohol disorder as well as numerous other issues for increased evaluations that have been perfected for appeal but are not currently certified to the Board and are awaiting a hearing. The appropriate remedy where a pending claim is inextricably intertwined with a claim currently on appeal is to defer adjudication of the claim on appeal pending the adjudication of the inextricably intertwined claims. Harris v. Derwinski, 1 Vet. App. 180 (1991). In addition, the Court has held that, in the case of a claim for TDIU, the duty to assist requires that VA obtain an examination which includes an opinion on what effect the service-connected disabilities have on a Veteran's ability to work. Friscia v. Brown, 7 Vet. App. 294, 297 (1994). As such, a medical opinion is needed. The matters are REMANDED for the following action: 1. Undertake appropriate development to obtain all outstanding VA and/or private treatment records related to the Veteran's outstanding claims. If any requested records are not available, the record should be annotated to reflect such and the Veteran notified. 2. As it relates to the right knee, the examiner must specifically test and report the Veteran's range of motion in active motion, passive motion, weight-bearing, and nonweight-bearing, for both right and left knees. 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. The examiner should report the ranges of knee motion in degrees. The examiner should further report whether the right knee disability is manifested by weakened movement, excess fatigability, incoordination, pain, or flare ups. Such inquiry should not be limited to muscles or nerves. These determinations should be expressed in terms of the degree of additional range-of-motion loss due to any weakened movement, excess fatigability, incoordination, pain or flare-ups. The examiner should also report whether there is lateral instability or recurrent subluxation, and if present, the severity of such symptoms. The examiner should estimate the instability present if examination cannot be performed. The examiner should also comment as to whether there are intermediate degrees of residual weakness, pain or limitation of motion; or, chronic residuals consisting of severe painful motion or weakness. Additionally, the examiner should clearly document any functional impairment as a result of the Veteran's service-connected right knee disability. 3. Schedule the Veteran for a VA examination to obtain evidence as to the functional effects of service-connected disabilities on his ability to obtain or maintain substantially gainful employment in light of his work history and level of education. K. Parakkal Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. S. Kelly, 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.