Citation Nr: 21041919
Decision Date: 07/10/21	Archive Date: 07/10/21

DOCKET NO. 18-15 297
DATE: July 10, 2021

REMANDED

Entitlement to a rating in excess of 10 percent for a left knee disability is remanded.

Entitlement to a rating in excess of 10 percent for a right knee disability is remanded.

REASONS FOR REMAND

The Veteran had active service from July 1980 to July 1983 and October 1984 to October 1989.

These matters come before the Board of Veterans' Appeals (Board) on appeal from a May 2017 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).  

In January 2021, the Veteran testified at a Board videoconference hearing before the undersigned.  A copy of the transcript of that hearing has been associated with the claims file.  At the hearing, it was agreed to hold the record open until March 15, 2021 so that the Veteran could submit additional evidence.

1. Entitlement to an increased rating for the left knee disability is remanded.

2. Entitlement to an increased rating for the right knee disability is remanded.

The Veteran claims increased ratings for his bilateral knees.  Specifically, the Veteran claims a higher rating because his knees are so painful that they limit his movement, how far he can travel, and his ability to be independent.  He described the pain from his knees as extreme, sometimes causing him to black out.  This pain, he testified, had gotten worse over the years.  See January 2021 Hearing Transcript, pages 4-5.

When a claimant asserts that the severity of a disability has increased since the most recent examination, an additional examination is appropriate.  See VAOPGCPREC 11-95 (April 7, 1995); see also Snuffer v. Gober, 10 Vet. App. 400 (1997); Caffrey v. Brown, 6 Vet. App. 377 (1994).

The Board observes that the most recent knee VA medical examination of record is from October 2018.  The Board finds this, in addition to the Veteran's testimony that his condition has increased in severity, indicates that an additional VA examination is necessary in order to determine the current severity of the Veteran's bilateral knee conditions. 

The matters are REMANDED for the following action:

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1. With any necessary identification of sources by the Veteran, request all VA treatment records not already associated with the file from the Veteran's VA treatment facilities, and any identified private treatment records from not already associated with the file.

2. Then, schedule the Veteran for an examination by an appropriate examiner to determine the current nature and severity of his service-connected bilateral knee disabilities.

 

 

S. HENEKS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Slomka, 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.