Citation Nr: 18151545 Decision Date: 11/19/18 Archive Date: 11/19/18 DOCKET NO. 16-45 467 DATE: November 19, 2018 REMANDED Entitlement to a rating in excess of 10 percent for left hip iliotibial band syndrome is remanded. Entitlement to a rating in excess of 10 percent for right hip iliotibial band syndrome is remanded. Entitlement to a rating in excess of 10 percent for left knee patellofemoral pain syndrome is remanded. Entitlement to a rating in excess of 10 percent for right knee patellofemoral pain syndrome is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from February 2013 to March 2014. 1. Entitlement to a rating in excess of 10 percent for left hip iliotibial band syndrome is remanded. 2. Entitlement to a rating in excess of 10 percent for right hip iliotibial band syndrome is remanded. 3. Entitlement to a rating in excess of 10 percent for left knee patellofemoral pain syndrome is remanded. 4. Entitlement to a rating in excess of 10 percent for right knee patellofemoral pain syndrome is remanded. The Board finds that additional development is needed prior to final adjudication of the issues on appeal. The Board finds that a new VA examination is needed in order to comply with the Court’s precedential decision of Correia v. McDonald, 28 Vet. App. 158 (2016). In that decision, the Court found the final sentence of 38 C.F.R. § 4.59, created a requirement that whenever possible in the cases of joint disabilities, “[t]he joints involved should be tested for pain on both active and passive motion, in weight-bearing and non-weight-bearing and, if possible, with the range of the opposite undamaged joint.” 38 C.F.R. § 4.59 (2017). The April 2017 examination does not meet these specifications. For example, the examination report does not provide range of motion findings that were obtained on active versus passive motion or weight-bearing versus non-weight-bearing. Therefore, a new examination is needed. Further, the Board notes that the record shows the Veteran applied for Vocational Rehabilitation (Voc Rehab) benefits in November 2017. Records from Voc Rehab have not been associated with the file. If there are any outstanding records, these should be obtained. The matters are REMANDED for the following action: 1. After securing any necessary consent forms from the Veteran, obtain any outstanding treatment records, to include any VA treatment, private treatment, and/or vocational rehabilitation records pertaining to the issues on appeal. 2. After completing the above, schedule the Veteran for a VA examination to evaluate the current level of severity of his knee and hip disabilities. The claim folder and all pertinent treatment records should be made available to the examiner for review, and review of such records should be noted in any subsequent report. All necessary diagnostic testing should be performed. 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 is asked specifically to provide range of motion testing (ROM) for both knees and hips for active motion, passive motion, weight-bearing, and non-weight-bearing. Full ROM testing also must be conducted on the opposite joint unless the opposite joint is damaged, which includes any disorder that would make the joint in question abnormal. If the opposite joint is determined to be damaged, and no ROM on testing is conducted, this must be explained in the report. In addition, for both knees and hips the examiner must discuss pain for ROM movements on active, passive, and repetitive use testing. The examiner is asked to address the following questions: (a) Are any ROM movements painful on active, passive, and repetitive use testing? If yes, identify whether active, passive, and repetitive use. (b) If yes (there are painful movements), does the pain contribute to functional loss or additional limitation of ROM? Please further describe the functional loss or additional limitation of ROM. (c) If no (the pain does not contribute to functional loss or additional limitation of ROM), explain why the pain does not contribute. In addition, for both knees and hips the examiner must discuss pain when used in weight-bearing or in non-weight-bearing. The examiner is asked to address the following questions: (a) Is there pain when the joint is used in weight-bearing or non-weight-bearing? If yes, identify whether weight-bearing or non-weight-bearing. (b) If yes (there is pain when used in weight-bearing or non-weight-bearing), does the pain contribute to functional loss or additional limitation of ROM? Please further describe these limitations. (c) If no (the pain does not contribute to functional loss or additional limitation of ROM), explain why the pain does not contribute. 3. If upon completion of the above action the issues are denied, the case should be returned to the Board after compliance with appellate procedures. E. I. VELEZ Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD D. Baronofsky Associate Counsel