Citation Nr: 21041184 Decision Date: 07/08/21 Archive Date: 07/08/21 DOCKET NO. 16-47 558 DATE: July 8, 2021 REMANDED Entitlement to an initial rating in excess of 10 percent for right knee meniscectomy is remanded. REASONS FOR REMAND The Veteran served honorably in the United States Navy from August 1985 to August 2005. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). In November 2018, the case was remanded to the Agency of Original Jurisdiction (AOJ) for additional development and has since returned to the Board. 1. Entitlement to an initial rating in excess of 10 percent for right knee meniscectomy is remanded. Although the Board sincerely regrets the additional delay, a remand is necessary to ensure that there is a complete and accurate record upon which to decide the Veteran's claim for right knee meniscectomy so that every possible consideration is afforded. In the November 2018 remand, the Board instructed that the Veteran be afforded an examination to assess the current nature and severity of the Veteran's service-connected right knee disability, particularly given the Veteran's report of right total knee replacement in July 2016. Evidence of record indicates that the Veteran failed to report for a VA examination in October 2019. In November 2019, the Veteran notified VA that he did not attend the examination as he was out of the country and was not aware of it until his return. Subsequently, the Veteran indicated that he would like the examination to be rescheduled. This was reiterated by the Veteran's representative in an appellate brief in July 2020, asserting that the Veteran was out of the country. The regional office did not, however, reschedule the Veteran for an additional examination. The Board finds that because the Veteran was out of the country and thus was not provided notification of his examination, good cause has been shown for the Veteran's failure to appear at the previously scheduled VA examination. The Veteran also promptly requested that the examination be rescheduled. Consequently, the Veteran should be given another opportunity to present for examination. See 38 C.F.R. § 3.655 (2020). Additionally, while the matter is on remand, the Veteran should be provided another opportunity to submit pertinent medical records; of particular importance would be medical records pertaining to the right knee replacement and any other outstanding treatment records relating to his right knee. The matters are REMANDED for the following action: 1. Assist the Veteran in associating with the claims folder outstanding treatment records, to specifically include updated VA treatment records. The AOJ should take appropriate steps to send to the Veteran and his representative a letter requesting that the Veteran provide sufficient information, and if necessary, authorization, to enable it to obtain any additional evidence pertinent to the claim on appeal, to specifically include treatment records from Dr. M.W. who performed the right knee replacement. If the Veteran identifies any other pertinent medical records that have not been obtained, the AOJ should undertake appropriate development to obtain copies of those records. 2. Schedule the Veteran for an examination regarding the current nature and severity of his service-connected right knee meniscectomy. The examiner should test the Veteran's active motion, passive motion, and pain with weight-bearing and without weight-bearing. The examiner should also attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups. The examiner is asked to describe whether pain significantly limits functional ability during flares, and if so, the examiner must estimate range of motion during flares. To the extent possible, the examiner should identify any symptoms and functional impairments due to the Veteran's right knee condition alone and discuss the effect of this condition on any occupational functioning and activities of daily living. If the examination does not take place during a flare, the examiner must glean information regarding the flares' severity, frequency, duration, and functional loss manifestations from the veteran and other available sources. If there is no pain and/or no limitation of function, such facts must be noted in the report. The examiner is also advised that the Veteran is competent to report symptoms and treatment and that his reports, including his reports as to the onset and nature of his symptoms, must be taken into account, along with the other evidence of record, in formulating the requested opinions. The examiner should set forth all findings, along with the complete rationale for any conclusions reached. A.S. CARACCIOLO Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Kim, 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.