Designated for electronic publication only
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
BILLY MOSLEY, APPELLANT,
SECRETARY OF VETERANS AFFAIRS, APPELLEE.
Before TOTH, Judge.
Note: Pursuant to U.S. Vet. App. R. 30(a),
this action may not be cited as precedent.
TOTH, Judge: Navy veteran Billy Mosley seeks a rating higher than 10% for his back
disability, for the period from January 22, 2010, to October 19, 2017, and ratings higher than 10%
for a left and a right knee disability, for the period since January 22, 2010.* When rating joint
disabilities, the Board should rely on VA examinations that consider whether and to what extent
pain, or other factors listed in 38 C.F.R. §§ 4.40 and 4.45, limit a veteran’s ability to function.
Sharp v. Shulkin, 29 Vet.App. 26, 32 (2017). Mr. Mosley argues that a May 2010 VA exam is
inadequate to properly rate his functional loss and that the Board’s assessment of functional loss is
not supported by an adequate statement of reasons or bases.
For the back disability, the Secretary concedes that the Board didn’t explain why it relied
on the May 2010 exam to rate the veteran’s back disability for the period between January 2010
and October 2017, as that exam did not adequately portray the extent of the veteran’s functional
loss for that period. The Court accepts this concession and remands as to that matter. With respect