Citation Nr: 18156000
Decision Date: 12/06/18	Archive Date: 12/06/18

DOCKET NO. 16-56 762
DATE:	December 6, 2018
REMANDED
Entitlement to a rating in excess of 10 percent for a left knee patellofemoral syndrome (hereinafter a “left knee disability”) is remanded.
Entitlement to a rating in excess of 10 percent for a right knee patellofemoral syndrome (hereinafter a “right knee disability”) is remanded.
Entitlement to a rating in excess of 10 percent for status post (SP) right radial head fracture with right lateral epicondylitis of elbow (hereinafter a “right elbow disability”) is remanded.
REASONS FOR REMAND
The Veteran had active naval service from September 2005 to March 2010. 
This matter comes to the Board of Veterans’ Appeals (Board) on appeal from an October 2013 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Roanoke, Virginia. 
The Board finds that additional development is required before the claims on appeal are decided.
Increased Rating – Left and Right Knees, and Right Elbow
The Board notes that in a recent decision the United States Court of Appeals for Veterans Claims (Court) found that 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 nonweight-bearing and, if possible, with range of motion measurements of the opposite undamaged joint.  In other words, if there is not a discussion of those measurements in a VA examination report, the examination is inadequate, unless the examiner determines that those range of motion testing listed could not be conducted.  Correia v. McDonald, 28 Vet. App. 158 (2016).  A review of the record shows that the Veteran was most recently afforded VA examinations for her bilateral knee and right elbow disabilities in March 2015.  A review of those examination reports fails to show findings that are consistent with the holding in Correia.
Therefore, the Veteran should be afforded new VA examinations to determine the current level of severity of all impairment resulting from her service-connected right and left knee, and right elbow disabilities.
The matters are REMANDED for the following action:
1. Identify and obtain any pertinent, outstanding VA and private treatment records and associate them with the claims file.
2. Then, schedule the Veteran for a VA examination by an examiner with sufficient expertise to determine the current level of severity of all impairment resulting from her service-connected right and left knee disabilities.  The claims file must be made available to, and reviewed by the examiner.  All indicated tests and studies must be performed.  The examiner must provide all information required for rating purposes.  
3. Then, schedule the Veteran for a VA examination by an examiner with sufficient expertise to determine the current level of severity of all impairment resulting from her service-connected right elbow disability.  The claims file must be made available to, and reviewed by the examiner.  All indicated tests and studies must be performed.  The examiner must provide all information required for rating purposes.  
4. Confirm that the VA examination reports comport with this remand, and undertake any other development found to be warranted.
5. Then, readjudicate the issues on appeal.  If the decision is adverse to the Veteran, issue a supplemental statement of the case and allow appropriate time for response.  Then, return the case to the Board.
 
Kristin Haddock
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Mariah N. Sim, Associate Counsel