Citation Nr: 18158820 Decision Date: 12/18/18 Archive Date: 12/17/18 DOCKET NO. 16-51 417 DATE: December 18, 2018 REMANDED Entitlement to an increased rating for left knee arthritis, currently evaluated as 10 percent disabling. Entitlement to an increased rating for left knee instability, currently evaluated as 10 percent disabling. REASONS FOR REMAND The Veteran served on active duty from June 1973 to June 1977, November 1990 to August 1991, and June 1996 to March 1997. These matters come before the Board of Veterans’ Appeals (Board) on appeal from an April 2013 Rating Decision of the Atlanta, Georgia, Department of Veterans’ Affairs (VA) Regional Office (RO). The most recent VA treatment records are from November 2015. In his October 2016 substantive appeal (VA Form 9), the Veteran asserted that he was examined at the Atlanta VAMC on October 6, 2016 and that X-rays revealed severe arthritis in his left knee. Any VA treatment records are within VA’s constructive possession, and are considered potentially relevant to the issues on appeal. Thus, a remand is required to allow VA to associate them with the claims file. The Veteran was afforded examinations in August 2011 and July 2016; however, they do not provide complete findings required for adequate VA examinations consistent with the Court’s holdings in Correia v. McDonald, 28 Vet. App. 158, 168-169 (2016) and Sharp v. Shulkin, 29 Vet. App. 26, 32 (2017). The examination reports do not contain joint testing on both active and passive motion, and testing in both weight-bearing and nonweight bearing. The August 2011 examination report does not include specific additional range-of-motion loss during flare-ups, and the July 2016 examination report does not describe the frequency and duration of flare-ups (i.e. it notes constant symptoms of pain, swelling and stiffness; however, this would not be characterized as a flare-up; it also notes that the knee “sometimes” gives way). In addition, in a July 2018 brief, the Veteran’s representative contended that the 2011 and 2016 examinations are too remote to ascertain the Veteran’s current level of severity. The matters are REMANDED for the following action: 1. Associate with the claims file all outstanding non-VA and VA clinical records from November 2015 to present for the Veteran’s left knee. 2. Thereafter schedule the Veteran for an examination to ascertain the severity of his left knee disabilities of arthritis and instability. (a) The examination report should record the results of range of motion testing for pain on BOTH active and passive motion AND in weightbearing and non-weightbearing. If any indicated testing cannot be completed, then the examiner must specifically indicate that such testing cannot be done. (b) The VA examiner should also express an opinion concerning whether there would be additional limits on functional ability on repeated use or during flare-ups, and, to the extent possible, provide an assessment of the functional impairment on repeated use or during flare-ups. The VA examiner should assess or estimate the additional functional impairment on repeated use or during flare-ups in terms of the degree of additional range of motion loss. 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. (c) The examiner should also render, if possible to do so without resorting to mere speculation, a retrospective opinion that identifies active motion, passive motion, pain with weight-bearing and without weight-bearing, and additional functional loss in terms of range of motion due to flare-ups (to the extent medically appropriate) at the time of the August 2011   and July 2016 examinations. If the examiner is unable to provide a reasonable assessment, he or she should clearly explain why that is so. M. C. GRAHAM Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD T. Wishard