Citation Nr: 1753526 Decision Date: 11/21/17 Archive Date: 12/01/17 DOCKET NO. 11-24 941 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Boise, Idaho THE ISSUE Entitlement to a rating in excess of 10 percent for residuals of postoperative right patella realignment. REPRESENTATION Veteran represented by: Disabled American Veterans ATTORNEY FOR THE BOARD J. Cheng, Associate Counsel INTRODUCTION The Veteran served on active duty from July 1975 to July 1979. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a November 2010 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Boise, Idaho. In August 2014 and April 2017, the Board remanded the issue for further development. The appeal is REMANDED to the Agency of Original Jurisdiction (AOJ). VA will notify the Veteran if further action is required. REMAND Regrettably, the Board finds that the claim on appeal must again be remanded to the AOJ to obtain an additional VA examination. The Veteran was provided a VA examination in September 2010 and an addendum VA opinion in November 2010. However, recent case law renders the September 2010 VA examination inadequate. Correia v. McDonald, 28 Vet. App. 158 (2016). In particular, the Board notes that findings from the September 2010 VA examination appears insufficient to assess the Veteran's right knee range of motion in passive motion, and (where relevant) weight-bearing and nonweight-bearing settings. Accordingly, the Veteran should be afforded a VA examination to assess the current nature and severity of the right knee disability. Additionally, the Board notes that the November 2010 VA addendum examiner opined that the Veteran's service-connected right knee patellar alignment issues were unrelated to the Veteran's degenerative joint disease (DJD) of the right knee medial compartment, torn medial meniscus, and medial collateral ligament. As such, the Board requests that the VA examiner note specifically what current symptoms are related to the Veteran's service-connected right knee disability. Accordingly, the case is REMANDED for the following action: 1. Schedule the Veteran for a VA knee examination, by an examiner with the proper expertise, to determine the current severity of the right knee disability. The electronic claims file must be made available to the examiner for review. The examination report should show consideration of the Veteran's documented medical history and assertions. All indicated tests, to include X-rays and range of motion evaluations, should be accomplished, and all clinical findings reported in detail. (a) The examiner should make specific findings as to whether, during the examination, there is objective evidence of pain on motion, weakness, excess fatigability, or incoordination associated with use of the right knee disability. If pain on motion is observed, the examiner should indicate the point at which pain begins. In addition, the examiner should indicate whether, and to what extent, the Veteran experiences functional loss of the right knee due to pain or any of the other symptoms listed above during flare-ups or with repeated use. To the extent possible, the examiner should express any additional functional loss in terms of additional degrees of limited motion. b) Additionally, the examiner must test the range of motion in active motion, passive motion, and (where appropriate) weight-bearing and nonweight-bearing settings. If the examiner is unable to conduct the required testing or concludes that the required testing is not necessary in this case, he or she should clearly explain why that is so. The examiner should differentiate what specific findings are related to the Veteran's service-connected right knee disability. 2. Then, readjudicate the claim on appeal. If any decision is adverse to the Veteran, issue a supplemental statement of the case and allow the applicable time for response. Then, return the case to the Board. The Veteran has the right to submit additional evidence and argument on the matter the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C. §§ 5109B, 7112 (2012). _________________________________________________ Thomas H. O'Shay Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C. § 7252 (2012), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (2017).