Citation Nr: 18153165 Decision Date: 11/27/18 Archive Date: 11/27/18 DOCKET NO. 16-50 163 DATE: November 27, 2018 REMANDED Entitlement to right knee degenerative joint disease post meniscus and anterior cruciate ligament reconstruction surgery and debridement currently evaluated as 10 percent disabling, to include on an extraschedular basis, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Air Force from April 1992 to June 2000, and from January 2001 to June 2014. These matters come before the Board of Veterans’ Appeals (Board) on appeal from an October 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Board notes that the Statement of the Case (SOC) in August 2016 pertains to six issues, however, in a September 2016 VA Form 9 and in a November 2016 Statement to Accredited Representative in Appealed Case, the Veteran states that he is only appealing the issue of entitlement to an increased rating in excess of 10 percent for a right knee disability. Therefore, the only issue on appeal before the Board is the entitlement to an increased rating in excess of 10 percent for a right knee disability as listed above. Entitlement to right knee degenerative joint disease post meniscus and anterior cruciate ligament reconstruction surgery and debridement currently evaluated as 10 percent disabling, to include on an extraschedular basis, is remanded. The Veteran asserts that his right knee disability warrants an increased rating in excess of 10 percent. Specifically, the Veteran asserts that he may be entitled to a fair evaluation with extraschedular consideration. See September 2016 VA Form 9. On remand, the AOJ is directed to consider an increased rating with extraschedular consideration. The Veteran reports that he has continued to receive treatment for his right knee at the Naval Hospital in Pensacola, Florida, at Santa Rose Medical Group, and at Select Physical Therapy. See January 2017 Correspondence. On appeal, the AOJ should ensure that all relevant and outstanding VA and private treatment records are associated with the Veteran’s electronic claims file. Last, and notably, the Veteran contends that he has undergone several surgeries on his right knee and that his leg seems to be getting worse. See April 2017 Third Party Correspondence (referring to May 2016 Medical records). The Veteran also refers to knee pain 5/10 with an antalgic gait with a limp and states that he is unable to squat further than 45 degrees, asserting a “severely limiting condition with marked interference in activity.” See id. (referring to September 2016 medical records). Given the Veteran’s assertions of worsening, the Board remands this matter for an additional VA examination to determine the current nature and severity of the Veteran’s right knee disability. The matters are REMANDED for the following action: 1. Obtain all outstanding and relevant VA and private treatment records and associate such with the Veteran’s electronic claims file. Specifically, ensure that all treatment records from the Naval Hospital in Pensacola, Florida, from the Santa Rose Medical Group, from the Select Physical Therapy, and from Madigan Army Medical Center Out-Patient are of record. See January 2017 Correspondence. 2. Thereafter, schedule an appropriate VA examination to determine the current severity and symptomatology of the Veteran’s service-connected right knee disability. The claims folder and this remand must be made available to the examiner for review, and the examination report must reflect that such a review was undertaken. The examiner is to examine the Veteran’s service-connected right knee disability and provide a detailed report as to the severity and symptomatology of the Veteran’s service-connected right knee disability. The examiner is to specifically test the range of motion in active motion, passive motion, weight-bearing, and nonweight-bearing, for both the joint in question and any paired joint. See Correia v. McDonald, No. 13-3238, 2016 WL 3591858 (Vet. App. July 5, 2016). The examiner should detail range of motion measurements, to include the degree at which he experiences pain, any additional impact caused by motion such as weakness and fatigability, incoordination, or swelling. 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 to note a full and complete history of the Veteran’s symptoms, to include symptoms associated with any flare-ups. Provide an opinion as to additional functional loss during flare-ups of the musculoskeletal disability, pursuant to DeLuca v. Brown, 8 Vet. App. 202 (1995). Should the examiner state that he or she is unable to offer such an opinion without resorting to speculation based on the fact that the examination was not performed during a flare, the examiner is directed to ascertaining information as to the frequency, duration, characteristics, severity, or functional loss. Sharp v. Shulkin, No. 16-1385 (Vet. App. September 6, 2017). 3. Once the above development is completed, arrange for any additional development deemed necessary, refer the matter of the rating for a right knee disability to the appropriate sources for extraschedular consideration. (Continued on the next page)   4. After completing the requested actions, and any additional development deemed warranted, readjudicate the claim in light of all pertinent evidence and legal authority. If the benefit sought remain denied, furnish to the Veteran a Supplemental Statement of the Case (SSOC) and afford them the appropriate time period for response before the claims file is returned to the Board for further appellate consideration. Michael Pappas Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. Tunis, Associate Counsel