Citation Nr: 18143045
Decision Date: 10/17/18	Archive Date: 10/17/18

DOCKET NO. 16-18 169
DATE:	October 17, 2018
REMANDED
Entitlement to a disability rating in excess of 30 percent for status post left knee arthroplasty (hereinafter “left knee disability”) is remanded.
 Entitlement to a compensable disability rating for scars of the bilateral knees associated with bilateral total knee arthroplasty is remanded.
REASONS FOR REMAND
The Veteran served on active duty from April 1971 to July 1973.  
This matter is before the Board of Veterans’ Appeals (Board) on appeal of an April 2013 rating decision of the Columbia, South Carolina, Regional Office (RO) of the Department of Veterans Affairs (VA).
Entitlement to a disability rating in excess of 30 percent for a left knee disability and entitlement to a compensable disability rating for scars of the bilateral knees associated with bilateral total knee arthroplasty are remanded.
In a recent case, the United States Court of Appeals for Veterans Claims (Court) held that a VA examination of the joints must, wherever possible, include the results of the range of motion testing described in the final sentence of 38 C.F.R. § 4.59.  That final sentence of § 4.59 directs that the joints involved should be tested for pain on both active and passive motion, in weight-bearing and nonweight-bearing and, if possible, with the range of the opposite undamaged joint.  Correia v. McDonald, 28 Vet. App. 158 (2016).
Regarding the Veteran’s claim for an increased rating for his service-connected left knee disability, a VA examination was conducted in April 2016.  That VA examination included evaluation of the knee joint.  However, closer inspection of the report of examination shows that it does not include all the required testing pursuant to § 4.59 and Correia which was requested on remand.  Although the VA examiner did include the range of motion measurements of the opposite undamaged joint, the examination was conducted using the version of the Disability Benefits Questionnaire that did not include any section for recording ranges of motion on active or passive testing.  Thus, the April 2016 VA examination does not entirely conform to the Court’s decision in Correia.  As such, a new VA examination is needed.
As additional development in relation to the Veteran’s left knee disability has been requested, the Veteran’s claim for an increased rating for his service-connected scars of the bilateral knees associated with bilateral total knee arthroplasty must also be remanded, as the claim is inextricably intertwined.  It is certainly possible that the requested examination and other development may result in findings relevant to the scars.  See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991).  Thus, remand is appropriate on that basis, and action on the claim is deferred.
The matters are REMANDED for the following action:
Schedule the Veteran for a VA orthopedic examination to evaluate the severity of his service-connected left knee disability, to include the required testing pursuant to the holding in Correia.
The examiner should provide an assessment of the current nature of the Veteran’s post left knee arthroplasty.  Findings reported should include those related to pain on both active and passive motion, in weight-bearing and nonweight-bearing and, if possible, with the range of the opposite undamaged joint. 
Accordingly, the examiner is asked to describe the severity, frequency, and duration of all symptomatology associated with the condition.  Also, all functional limitations present (a) after repetition over time and, separately, (b) during flare-ups should be reported.  The examiner should also comment on the extent to which this disability affects the Veteran’s ability to secure and follow a substantially gainful occupation.
If for any reason the examiner is unable to conduct the required testing, he or she should clearly explain why that is so.

 
A. C. MACKENZIE
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A-L Evans, Counsel