Citation Nr: 18142477 Decision Date: 10/15/18 Archive Date: 10/15/18 DOCKET NO. 15-36 108 DATE: October 15, 2018 REMANDED Entitlement to a rating higher than 10 percent for left knee degenerative arthritis is remanded. Entitlement to a rating higher than 10 percent for right knee degenerative arthritis is remanded. REASONS FOR REMAND The Veteran had active service from August 1964 to August 1966. In July 2018 he withdrew his request for a Board hearing. Issues 1-2: The issues of entitlement to a rating higher than 10 percent for left knee degenerative arthritis and entitlement to a rating higher than 10 percent for right knee degenerative arthritis are remanded. The Veteran most recently was afforded a VA examination for his knees in February 2016. However, the examination did not comply with the requirements in Correia v. McDonald, 28 Vet. App. 158, 168 (2016). Specifically, the examination did not address passive range of motion measurements and range of motion movements that are painful in weight-bearing. Further, the February 2016 VA examiner noted that the examination was not being conducted during flare-ups in either knee. The examiner indicated that pain, weakness, and lack of endurance limit functional ability during flare-ups in the right knee and pain limits functional ability in the left knee during flare-ups. However, the examiner did not describe the functional loss during flare-ups in terms of additional range of motion loss neither in the right knee nor the left knee and did not attempt to estimate such functional loss in terms of range of motion derived from information procured from relevant sources, including the Veteran’s lay statements. Thus, the February 2016 VA examination does not comply with the requirements of Sharp v. Shulkin, 29 Vet. App. 26, 34-36 (2017). Thus, a new VA examination is necessary. Lastly, in an August 2015 statement, the Veteran stated that he was scheduled to have right knee surgery that same month and was scheduled to have surgery on his left knee in the fall of 2016. Notably, on VA examination in February 2016 the examiner noted that the Veteran had right knee surgery in August 2015 and was scheduled to have left knee surgery in August 2016. A remand is required to allow VA to obtain authorization and request all outstanding treatment records pertaining to the Veteran’s knees, to include records associated with his surgeries. The matters are REMANDED for the following action: 1. Ask the Veteran to complete a VA Form 21-4142 for VA to obtain any outstanding treatment records for his knees, to include treatment records associated with his August 2015 right knee surgery and his left knee surgery that was to be scheduled in August 2016. Make two requests for the authorized records from the appropriate facilities, unless it is clear after the first request that a second request is futile. 2. Then, schedule the Veteran for an examination to determine the current severity of his service-connected bilateral knee arthritis. The examiner should provide a full description of all relevant pathology pertaining to these disabilities. The examiner must test the range of motion of the Veteran’s knees that are painful on active use, passive use, in weight-bearing, and non-weight-bearing. To the extent possible, the examiner must estimate any additional functional loss caused by the Veteran’s flare-ups. 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 expressed in terms of additional range of motion lost. If it is not possible to provide a specific measurement, or an opinion regarding flare-ups, symptoms, or functional impairment without speculation, the examiner must state whether the need to speculate is due to a deficiency in the general medical knowledge (no one could respond given medical science and the known facts), or a deficiency in the record (more facts are required). THERESA M. CATINO Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD M. Mac, Counsel