Citation Nr: A25035218 Decision Date: 04/16/25 Archive Date: 04/16/25 DOCKET NO. 210921-187351 DATE: April 16, 2025 REMANDED Entitlement to an initial rating in excess of 10 percent for a right knee disability is remanded. Entitlement to an initial rating in excess of 10 percent for a left knee disability is remanded. Entitlement to an initial rating in excess of 10 percent for a left ankle disability is remanded. Entitlement to an initial rating in excess of 10 percent for a limitation of left hip flexion is remanded. Entitlement to an initial rating in excess of 10 percent for a limitation of left hip extension is remanded. Entitlement to an initial rating in excess of 0 percent for a left hip disability with impairment of the left thigh is remanded. Entitlement to recognition of the Veteran's spouse as the Veteran's dependent spouse for Department of Veterans Affairs (VA) purposes is remanded. Entitlement to total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from January 2003 to April 2004. This appeal comes before the Board from an August 2021 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO) which is the Agency of Original Jurisdiction (AOJ). In a September 21, 2021, VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Hearing docket. A Board hearing was held on October 7, 2022. The August 2021 rating decision did not list a claim of entitlement to TDIU. However, entitlement to TDIU is part of a higher rating claim if the Veteran reports being unable to find and maintain gainful employment due to the service-connected disability at issue when there is a pending claim for increased rating. Rice v. Shinseki, 22 Vet. App. 447 (2009). The Veteran has reported being unable to work due to the service-connected disabilities. Therefore, the Board finds that a claim for TDIU was part of the August 2021 rating decision. The Board may only consider the evidence of record at the time of the August 2021 AOJ decision on appeal, and any evidence submitted by the Veteran at the hearing or within 90 days following the hearing. 38 C.F.R. § 20.302(a). If evidence was submitted either (1) during the period after the AOJ issued the decision on appeal and prior to the Board hearing, or (2) more than 90 days following the hearing, the Board did not consider that evidence in this decision. 38 C.F.R. §§ 20.300, 20.302(a), 20.801. However, because the Board is remanding the claims on appeal, any evidence the Board could not consider will be considered by the AOJ in the adjudication of the claims. 38 C.F.R. § 3.103(c)(2)(ii). 1. Entitlement to an initial rating in excess of 10 percent for a right knee disability is remanded. 2. Entitlement to an initial rating in excess of 10 percent for a left knee disability is remanded. 3. Entitlement to an initial rating in excess of 10 percent for a left ankle disability is remanded. 4. Entitlement to an initial rating in excess of 10 percent for a limitation of left hip flexion is remanded. 5. Entitlement to an initial rating in excess of 10 percent for a limitation of left hip extension is remanded. 6. Entitlement to an initial rating in excess of 0 percent for impairment of the left thigh is remanded. The Veteran attended July 2021 VA examinations to determine the current severity of right knee, left knee, left ankle, and left hip disabilities. During those examinations, the VA examiner noted that the Veteran took medications to alleviate the pain symptomatology associated with the joint disabilities. The examiner did not note what effect, if any, the usage of medication would have on any losses of function caused by the Veteran's disabilities. At the October 2022 Board hearing, the Veteran testified that the joint disabilities usually were of greater severities than described in the July 2021 VA medical examination reports. The Veteran indicated taking medication, noting that it helped to alleviate the pain caused by the disabilities. The Board finds that, because the examiner did not discuss whether the functional limitations caused by the Veteran's disabilities were changed by the usage of medication, the examiner's findings are inadequate. Therefore, remand is necessary to schedule an additional examination. 7. Entitlement to recognition of the Veteran's spouse as the Veteran's dependent spouse for VA purposes is remanded. 8. Entitlement to TDIU is remanded. The Board notes that the claims for recognition of the Veteran's spouse and entitlement to TDIU are inextricably intertwined with the issues for higher ratings. Therefore, they are remanded with the other issues. The matters are REMANDED for the following action: Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of service-connected right knee, left knee, left ankle, and left hip disabilities. The examiner should provide a full description of each disability and report all signs and symptoms necessary for rating the Veteran's disability under the rating criteria. The examiner should discuss the Veteran's use of medication and whether medication use would affect any functional limitations caused by the service-connected disabilities. In providing the examination, the examiner must test the Veteran's active motion, passive motion, and pain with weight-bearing and without weight-bearing for both knees, both ankles, and both hips. The examiner should state whether there is any additional limitation of function due to painful motion, excess motion, weakened motion, fatigability, incoordination, or on flare up. 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 of the additional impairment due to flare-ups based on the other evidence of record and the Veteran's statements. The examiner should state whether there is any recurrent lateral instability or subluxation or either knee. Harvey P. Roberts Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Gillett, Todd M. 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.