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UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
STEPHEN SALDANA, APPELLANT,
ROBERT L. WILKIE,
SECRETARY OF VETERANS AFFAIRS, APPELLEE.
Before GREENBERG, Judge.
Note: Pursuant to U.S. Vet. App. R. 30(a), this action may not be cited as precedent.
GREENBERG, Judge: Stephen Saldana appeals through counsel that part of an August 23, 2018, Board of Veterans’ Appeals decision that (1) denied an initial disability rating in excess of 10% for service-connected left knee osteoarthritis, effective before January 19, 2018; (2) granted a separate 10% rating, but no higher, for left knee limitation of extension effective from February 23, 2010, to November 8, 2015; (3) granted a separate 10%, but no higher, disability rating for the entire appeal period for left knee instability; and (4) denied a rating in excess of 40% for left knee osteoarthritis.1 Record (R.) at 4-12. The appellant argues that the Board relied on inadequate VA examinations and provided an inadequate statement of reasons or bases in several regards. Appellant’s Brief at 17-29. The Secretary concedes that the Board relied on inadequate VA examinations and provided an inadequate statement of reasons or bases for multiple determinations. Secretary’s Brief at 5-9. For the following reasons, the Court will set aside that part of the August 2018 Board decision on appeal and remand the matters for further development and readjudication.
1 To the extent the Board granted separate ratings for limitation of extension and instability of the left knee, the Court will not disturb these favorable findings. See Medrano v.
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Single Judge Application; Board is reminded that Diagnostic Code 5257 does not require objective evidence or that medical evidence should be favored over lay evidence when determining whether a compensable rating is warranted under this DC; English v. Wilkie, 30 Vet.App. 347, 352-53 (2018); ensure that VA decisionmakers do not exercise "naked and arbitrary power" in deciding entitlement to disability benefits; Yick Wo v. Hopkins, 118 U.S. 356, 366 (1886) (Matthews, J.); consider "information about the severity, frequency, duration, precipitating and alleviating factors" of flare-ups or "estimate 'per the veteran' to what extent, if any, they affect functional impairment." Sharp, 29 Vet.App. at 32, citing VA CLINICIAN'S GUIDE § 0.1 (March 2002);
Designated for electronic publication onlyUNITED STATES COURT OF APPEALS FOR VETERANS CLAIMSNo. 18-7131STEPHEN SALDANA, APPELLANT,V.ROBERT L. WILKIE,SECRETARY OF VETERANS AFFAIRS, APPELLEE.Before GREENBERG, Judge.MEMORANDUM DECISIONNote: Pursuant to U.S. Vet. App. R. 30(a), this action may not be cited as precedent.GREENBERG, Judge: Stephen Saldana appeals through counsel that part of an August 23, 2018, Board of Veterans'...