Citation Nr: 18153708
Decision Date: 11/28/18	Archive Date: 11/28/18

DOCKET NO. 16-56 044
DATE:	November 28, 2018
ISSUE
Entitlement to a disability rating in excess of 10 percent for residuals of left ankle sprain with tarsal tunnel syndrome and sural neuropathy.
REMANDED
Entitlement to a disability rating in excess of 10 percent for residuals of left ankle sprain with tarsal tunnel syndrome and sural neuropathy is remanded.
REASONS FOR REMAND
The Veteran served on active duty from September 1965 to June 1969 and from December 1982 to November 1995.
This case comes to the Board of Veterans’ Appeals (Board) on appeal from a February 2014 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Waco, Texas. 
The Veteran was afforded a VA examination in January 2018. The Board notes that the examiner reported pain on weight-bearing but did not record the results of range of motion testing for pain and did not report whether testing of the left ankle was performed on both active and passive motion.  38 C.F.R. § 4.59 (2017) provides that, with respect to painful motion and arthritis, the joints involved should be tested for pain on both active and passive motion, in weightbearing and non-weight bearing if possible, and if possible, with the range of the opposite undamaged joint.  Id.  
The United States Court has held that the final sentence of 38 C.F.R. § 4.59 requires that VA examinations include joint testing for pain on both active and passive motion, in weight-bearing and non-weight-bearing and, if possible, with range of motion measurements of the opposite undamaged joint.  Correia v. McDonald, No. 13-3238, 2016 WL 3591858 (Vet. App. July 5, 2016).  For these reasons, a new examination is necessary.  Barr, 21 Vet. App. 303, 312 (noting that when VA undertakes to provide a VA examination or obtain a VA opinion, it must ensure that the examination or opinion is adequate).
The matter is REMANDED for the following action:
1. Obtain and associate with the claims file any outstanding VA treatment records; and, with appropriate authorization from the Veteran, any additional outstanding private treatment records identified by him as pertinent to his claim.
2. Schedule the Veteran for a VA examination to determine the symptoms and severity of his service-connected left ankle.  Access to the electronic claims file should be made available to the examiner for review.  All tests and studies deemed necessary by the examiner should be performed, and all clinical findings should be reported in detail.
Pursuant to Correia v. McDonald, 28 Vet. App. 158 (2016), please record the results of range of motion testing for pain on both active and passive motion and in weight-bearing and non-weight-bearing. 
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 supporting rationale for all opinions expressed must be provided.
3. After completing the requested actions, and any additional notification and/or development deemed warranted, readjudicate the claim on appeal.  If any benefit sought remains denied, furnish the Veteran and his representative with a supplemental statement of the case and afford them an opportunity to respond before the record is returned to the Board for future review.
 
MICHAEL A. PAPPAS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	R.M.K., Counsel