Citation Nr: 21041602 Decision Date: 07/09/21 Archive Date: 07/09/21 DOCKET NO. 15-37 211 DATE: July 9, 2021 REMANDED Entitlement to an increased rating greater than 10 percent for right knee strain is remanded. REASONS FOR REMAND The Veteran had active duty in the United States Army from June 2006 to April 2011 with combat service in Afghanistan. He was awarded the Purple Heart Medal and Combat Action Badge. This matter comes before the Board of Veterans' Appeals on appeal from a June 2020rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Phoenix, AZ. The Veteran testified at a hearing before the undersigned Veterans' Law Judge in November 2018. The hearing transcript is associated with the claims file. The Board denied the Veteran's claim in a June 2020 decision. The Veteran appealed the decision to the United States Court of Appeals for Veterans Claims (Court) and in a February 2021 Order the Court granted a Joint Motion for Remand (JMR) requesting that the Board's June 2020 decision be vacated and the matter remanded to the Board for additional development. 1. Entitlement to an increased rating greater than 10 percent for right knee strain. The parties to the February 2021 JMR concluded that the Board erred in relying on an inadequate medical opinion. Specifically, the JMR concluded that the November 2019 VA examination report included inconsistent statements and that a "remand is required for a new VA examination addressing [the Veteran's] functional loss after repeated use over time." Specifically, the November 2019 VA examination report found that pain, weakness, fatigability, or incoordination did not significantly limit functional ability with repeated use over time, but the examiner later stated that the Veteran, "has difficulty with prolonged walking, sitting, standing, carrying heavy objects, squatting, kneeling and climbing stairs. He cannot run, jump, climb or do other high impact activity." The JMR found these statements inconsistent. In addition, the parties to the JMR found that the examination report failed to explain why non-weight bearing testing could not be performed or was not medically appropriate. As directed by the JMR, the matter is remanded for a new VA examination. The matters are REMANDED for the following action: 1. Obtain the Veteran's VA treatment records for the period from November 2019 to the present. 2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected right knee disability. 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 test the Veteran's active motion, passive motion, and pain with weight-bearing and without weight-bearing. 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). 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 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). The examiner must also address the Veteran's reports of instability in that he experiences his knee "giving out" and that the joint is not "tight" and whether that meets the clinical criteria for instability or subluxation. 3. After the above is complete, readjudicate the claim. If a complete grant of the benefits requested is not granted, issue a supplemental statement of the case (SSOC) to the Veteran and his representative. J.W. FRANCIS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. J. Houbeck, 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.