Citation Nr: 18156403
Decision Date: 12/10/18	Archive Date: 12/07/18

DOCKET NO. 16-50 177
DATE:	December 10, 2018
REMANDED
Entitlement to an increased rating in excess of 10 percent for the service-connected left knee medial meniscal tears is remanded.
Entitlement to an increased rating in excess of 10 percent for the service-connected right knee medial meniscal tears is remanded.
REASONS FOR REMAND
The Veteran served on active duty from April 2008 to October 2008.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a rating decision dated in November 2013 of the Department of Veterans Affairs (VA) Regional Office (RO) in Chicago, Illinois.    
VA’s duty to assist a claimant includes providing a medical examination or obtaining a medical opinion when an examination or opinion is necessary to make a decision on the claim.  38 U.S.C. § 5103A(d)(1) (2012). 
The Veteran underwent an examination of the service-connected right and left knee disabilities in 2014.  Evidence added to the record since that examination reflects a possible worsening.  See the October 2016 VA Form 9.  Thus, a new examination is needed to determine the current level of severity of the Veteran’s service-connected knee disabilities.   
Also on remand, the AOJ should obtain copies of any outstanding VA treatment records showing treatment for these left and right knee disabilities from the VA Healthcare System dated since September 2016.  Importantly, on the October 2016 VA Form 9, the Veteran indicated that he had evidence showing decreased range of motion of his knees as well as instability or subluxation in these joints.  38 U.S.C. § 5103A(b)(1).  
The matters are REMANDED for the following action:
1. Obtain copies of any outstanding VA treatment records showing treatment for the service-connected left and right knee disabilities from the VA Healthcare System dated since September 2016.   
2. After obtaining the proper authorization from the Veteran where necessary, request any treatment records and/or examination reports for the knees.  Any negative response must be fully documented in the claims file.
3.  Then, schedule the Veteran for a VA examination to determine the severity of his service-connected left and right knee disabilities with meniscal tears.  All indicated tests and studies should be performed.  The examiner should set forth all current complaints and findings pertaining to the Veteran’s service-connected left and right knee disabilities, including in particular: 
(a) Range-of-motion and repetitive motion studies of the Veteran’s left and right knees expressed in degrees—including any painful range of motion movements on active use, passive use, repetitive use, in weight-bearing, and non-weight-bearing (supported by adequate pathology and evidenced by the visible behavior of the claimant undertaking the motion) as well as any weakness, excess fatigability, incoordination, or pain on movement, swelling or atrophy.  The examiner should note any additional loss of motion associated with flare-ups, repetition, or additional functional loss. 
(b) The presence (including severity of) or absence of recurrent subluxation or lateral instability of the knee. 
(c) The presence (including severity of) or absence of symptoms of the meniscal tears.  
4. Finally, readjudicate the claims on appeal.  If any benefit on appeal remains denied, furnish a fully responsive Supplemental Statement of the Case to the Veteran and his representative and afforded them a reasonable opportunity for response.  Then, if indicated, return the case to the Board for further appellate disposition. 
 
THERESA M. CATINO
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	C.L. Krasinski, Counsel