Citation Nr: 21041268 Decision Date: 07/08/21 Archive Date: 07/08/21 DOCKET NO. 12-01 918 DATE: July 8, 2021 REMANDED A rating in excess of 30 percent for status post right knee total arthroplasty is remanded. REASONS FOR REMAND The Veteran served active duty from October 1964 until October 1966. A December 2019 Board decision denied a rating in excess to 30 percent for right knee total arthroplasty. The Veteran appealed the decision to the U.S. Court of Appeals for Veterans Claims (Court). In November 2020, the Court issued an order that vacated the December 2019 Board decision and remanded the matter on appeal for adjudication consistent with the Joint Motion for Remand (JMR) by the parties. Entitlement to a rating in excess of 30 percent for status post right knee total arthroplasty The November 2020 JMR found the Board failed to ensure compliance with previous remand instructions. See Stegall v. West, 11 Vet. App. 268, 271 (1998). Specifically, a November 2017 Board remand ordered a VA examination to determine the severity of the Veteran's right knee disability, to include discussing whether the Veteran has chronic residuals of severe painful motion or weakness of the right knee, which the examination and opinions did not address. Additionally, the JMR noted the March 2018 VA examination and November 2018 addendum opinion stated "it would only be speculative to report additional range of motion loss and whether pain, weakness, fatigability, or incoordination could limit functional ability during flare-ups or when the joint is used repeatedly over a period of time when it has not been documented in the actual records." There is no indication the examiner attempted to obtain the information about flare-ups from other evidence of record and the Veteran's statements. See Sharp v. Shulkin, 29 Vet. App. 26, 33-35 (2017). The matters are REMANDED for the following action: Schedule the Veteran for an examination of his right knee by an appropriate clinician. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the disability under the rating criteria. Specifically, the examiner must address whether the Veteran has chronic residuals of severe painful motion or weakness of the right knee. The examiner must test the Veteran's active motion, passive motion, and pain with weight-bearing and without weight-bearing. 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 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 an opinion 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. KELLI A. KORDICH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Winkler, 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.