Citation Nr: 18153115 Decision Date: 11/27/18 Archive Date: 11/27/18 DOCKET NO. 14-28 358A DATE: November 27, 2018 REMANDED Entitlement to an increased rating exceeding 20 percent for a right knee disability prior to April 14, 2014, is remanded. REASONS FOR REMAND The Veteran served on active duty from February 1976 to January 1995. This case comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2012 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida. This matter was previously before the Board in September 2016 when the claim was denied. The Veteran appealed the Board’s decision to the United States Court of Appeals for Veterans Claims (CAVC), resulting in an April 2018 Memorandum Decision, which vacated the September 2016 Board decision and remanded for re-adjudication consistent with its decision. The Board finds that further development is necessary prior to re-adjudication of the claim. Entitlement to an increased rating exceeding 20 percent for a right knee disability prior to April 14, 2014 is remanded. The Veteran contends that her right knee disability during the period prior to April 14, 2014 warranted a rating exceeding 20 percent. Specifically, the Veteran complained of weakness and a difficulty squatting, walking, and climbing stairs. The Veteran was afforded a VA examination in October 2011 to assess the severity and extent of her right knee disability, which the Board relied upon in its September 2016 denial for an increased rating. However, CAVC determined that the October 2011 VA examination was inadequate to permit the Board to issue a fully informed decision. Specifically, CAVC found that the VA examination does not indicate that range of motion testing was performed on active or passive motion, nor does it determine whether there was pain on weight-bearing and nonweight-bearing, pursuant to Correia v. McDonald, 28 Vet. App. 158 (2016). Furthermore, the examiner reported that the Veteran had functional loss in her right knee, manifested as less movement than normal and pain on movement; however, the examiner did not quantify the Veteran’s functional loss in terms of degrees. Therefore, upon further review of the October 2011 VA examination, the Board finds that the October 2011 VA examination did not comply with Correia, and is therefore, inadequate for adjudication purposes. Accordingly, in order to comply with the Court’s ruling in Correia, a new examination should be obtained on remand that addresses CAVC’s directive. Barr v. Nicholson, 21 Vet. App. 303, 311 (2007). The matter is REMANDED for the following action: 1. Request the Veteran to identify all medical providers (VA and private) from whom she has received treatment for her right knee disability, and obtain any outstanding records and associate them with the Veteran’s claims file. 2. After associating all newly acquired records with the claims file, schedule the Veteran for an examination by an appropriate clinician to determine the severity of her right knee disability prior to April 14, 2014. The claims file, including a copy of this remand, must be made available to the examiner in conjunction with the examination, and the examiner should note review of the record in the examination report. All pertinent medical complaints, symptoms, and clinical findings must be reported in detail. 3. The examiner should provide a retrospective opinion on the Veteran’s right knee disability prior to April 14, 2014. In formulating this opinion, the examiner should consider the entire claims file, including the Veteran’s lay statements regarding her symptoms, complaints, and severity of her right knee disability. The examiner is advised that the Veteran is competent to report symptoms. 4. The examiner must consider the Veteran’s active motion, passive motion, and pain with weight-bearing and non-weight-bearing, and if possible, with range of motion measurements of the opposite undamaged joint prior to April 14, 2014. The examiner should report (in degrees) the point at which pain is objectively shown prior to April 14, 2014. The examiner must also attempt to elicit information, based on all the evidence of record, regarding the severity, frequency, and duration of any flare-ups prior to April 14, 2014. To the extent possible, the examiner should identify any symptoms and functional impairments due to the Veteran’s right knee disability, and report or estimate functional loss in terms of the degree of additional loss of range of motion prior to April 14, 2014. If the examiner cannot express functional loss in this manner without resorting to speculation, he/she must explain the basis for his/her conclusion that a non-speculative opinion cannot be offered regarding the right knee disability prior to April 14, 2014. The examiner must provide a complete rationale for any opinion given. M. H. HAWLEY Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD B. Hodges, Associate Counsel