Citation Nr: 24006397 Decision Date: 02/06/24 Archive Date: 02/06/24 DOCKET NO. 15-04 278 DATE: February 6, 2024 REMANDED Entitlement to a disability rating in excess of 10 percent for left knee retropatellar pain syndrome, manifested by limitation of motion, prior to November 13, 2017, is remanded. REASONS FOR REMAND The Veteran had active military service from January 1997 to February 2000. This issue is on appeal before the Board of Veterans' Appeals (Board) from a September 2011 rating decision. In an August 2019 decision, the Board denied multiple left knee increased rating claims. As part of that decision, the Board denied the Veteran a separate rating for left knee instability and denied a disability rating in excess of 10 percent for her left knee prior to May 19, 2017. The Veteran appealed the August 2019 Board decision to the U.S. Court of Appeals for Veteran's Claims (Court). In October 2021, the Court issued a Memorandum Decision, finding the Board did not provide adequate reasons and bases in denying the Veteran a separate rating for left knee instability and in denying an increased rating for her left knee disability prior to May 19, 2017. In the August 2022 decision, the Board granted a separate 10 percent disability rating for left knee instability prior to November 13, 2017. In the August 2022 decision, the Board also extended the appeal period for the left knee disability claim to prior to November 13, 2017 (as opposed to May 19, 2017). The Board then remanded the current issue on appeal to the Agency of Original Jurisdiction for further development in August 2022 and February 2023. The case has now been returned to the Board. 1. Entitlement to a disability rating in excess of 10 percent for left knee retropatellar pain syndrome, manifested by limitation of motion, prior to November 13, 2017, is remanded. In March 2023, a VA nurse practitioner provided a medical opinion regarding the current severity of the Veteran's left knee disability. In the January 2024 Appellate Brief, the Veteran's representative requested information related to the qualifications of the March 2023 VA examiner, so that the representative could fully develop any arguments regarding the competency of the examiner. Specifically, the representative requested a remand of this appeal under Francway v. Wilkie, 930 F.3d 1377 (Fed. Cir. 2019 (holding that once the request is made for information as to the competency of the examiner, the veteran has the right, absent unusual circumstances, to the curriculum vitae (CV) and other information about the qualifications of a medical examination and that this is mandated by VA's duty to assist). This information related to the March 2023 VA examiner is not currently of record and has not been provided to the representative or the Veteran. Upon remand, this information, to include the VA examiner's CV, must be provided to the Veteran and her representative. See Nohr v. McDonald, 27 Vet. App. 124 (2014). The matter is REMANDED for the following actions: 1. Obtain and associate with the claims file the CV and other information about the qualifications of the VA examiner who provided the March 2023 medical opinion concerning the left knee disability. A copy of any records obtained should be provided to the Veteran and her representative. If the requested information is not obtainable, the Veteran and her representative should be notified and the reasons for such should be documented in the record. 2. After the above development, and any additionally indicated development, has been completed, readjudicate the issue on appeal. If the benefit sought is not granted to the Veteran's satisfaction, send the Veteran and her representative a Supplemental Statement of the Case and provide an opportunity to respond. If necessary, return the case to the Board for further appellate review. MARJORIE A. AUER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. M. Watkins, 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.