Citation Nr: 24006291 Decision Date: 02/06/24 Archive Date: 02/06/24 DOCKET NO. 20-17 831 DATE: February 6, 2024 REMANDED A rating in excess of 10 percent for a left hip disability is remanded. An initial rating in excess of 10 percent for a left knee disability is remanded. REASONS FOR REMAND The Veteran served on active duty from April 1989 to May 1993. These matters were appealed to the Board of Veterans' Appeals (Board) from a February 2018 rating decision. In a December 2023 written brief, the Veteran's representative communicated that the Veteran feels that the most recent February 2020 VA examinations for his left knee and hip were inadequate because the examiner failed to notice that his left knee is hyperextended and that the problem is getting worse. He also felt that his statements regarding flare-ups of his left hip were not given due consideration in the evaluation of his disability. Ultimately, the representative expressed the Veteran's desire for contemporaneous VA examinations to establish the current severity of his left hip and knee disabilities. The mere passage of time since the last VA examination does not, in and of itself, warrant additional development. However, the Board finds that in view of the available medical records and the arguments presented by the Veteran's representative in his December 2023 written brief, the February 2020 VA examinations are too remote to be considered contemporaneous medical examinations sufficient to determine the current level of disability. See Green v. Derwinski, 1 Vet. App. 121, 124 (1991); Caffrey v. Brown, 6 Vet. App. 377 (1994); Palczewski v. Nicholson, 21 Vet. App. 174, 181-82 (2007). As such, the Board finds that these matters must be remanded to afford the Veteran contemporaneous VA examinations to determine the current severity of his disabilities. The matters are REMANDED for the following action: 1. Obtain all outstanding VA and private treatment records. 2. Schedule the Veteran for VA orthopedic examinations by an appropriate clinician to determine the current severity of his service-connected (1) left knee and (2) left hip disabilities. The most up-to-date Disability Benefits Questionnaire should be utilized. All necessary tests should be conducted. (Continued on the next page) ? The Board notes that the claims folder must be provided to and reviewed by the examiners for all post-remand cases per AOJ policy. See VBA Manual M21-1, Part IV.i.2.A.8.b. Thus, the examiners must specifically note that the claims folder was received and reviewed in the body of the examination report. In addition, a copy of this Remand must be provided to the examiners for review. 3. Readjudicate. Jennifer White Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Mckone, Kyle 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.