Citation Nr: 22013576 Decision Date: 03/10/22 Archive Date: 03/10/22 DOCKET NO. 17-28 736A DATE: March 10, 2022 REMANDED Entitlement to a rating in excess of 10 percent for left-knee sprain with meniscal injury and arthritis is remanded. Entitlement to a rating in excess of 10 percent for left-knee instability is remanded. REASONS FOR REMAND The Veteran served on active duty from April 1983 to March 1987. These matters are before the Board of Veterans' Appeals (Board) on appeal from an August 2016 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). A June 2020 Board decision remanded the Veteran's claims on appeal. 1. Entitlement to a rating in excess of 10 percent for left-knee sprain with meniscal injury and arthritis is remanded. 2. Entitlement to a rating in excess of 10 percent for left-knee instability is remanded. Additional development is required before the Board can fully and fairly adjudicate the Veteran's claims on appeal. The Veteran's VA treatment records indicated left knee MRIs were performed in 2015 and in May 2021 at a private facility. Those reports have not been associated with the Veteran's claims file. The Veteran should be advised that the MRI reports are private medical records and can only be obtained by with appropriate permission to VA from the Veteran. A new VA Knee examination is necessary in this matter. The Veteran indicated he had pain that was constant and horrible with difficulty walking more than 2 blocks or standing for more than 30 minutes. Significant occupational limitations as a result of the Veteran's left knee disability were noted. However, neither the June 2016, August 2018 or December 2019 VA examiners indicated whether and at what point during range of motion testing the Veteran experienced loss in range of motion attributable specifically due to pain. Nor has an opinion as to whether the Veteran's left knee limitations particularly during flareups are the functional equivalent of ankylosis been obtained. The matters are REMANDED for the following action: 1. With any required assistance from the Veteran, update the Veteran's VA and private treatment records to specifically include the 2015 and 2021 left knee MRI reports. 2. After the above development is completed, schedule the Veteran for an in-person examination for the Veteran's left knee. (a.) The examiner should provide an assessment of the current nature of the Veteran's left knee disability to include filling out the entirety of the necessary DBQ. Accordingly, the examiner is asked to describe the severity, frequency, and duration of all symptomatology associated with the condition. If for any reason the examiner is unable to conduct the required testing, he or she should clearly explain why that is so. (b.) The examiner is asked to elicit and/or report information elicited from the Veteran regarding the frequency, intensity, and duration of his left knee flare ups. (c.) The examiner is asked to offer an opinion whether the range of motion of the Veteran's left knee and any functional loss thereof to include during flareups is functionally equivalent to ankylosis. If there is ankylosis with flare-ups, the nature of the ankylosis should be determined. Jennifer White Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Alexander 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.