Citation Nr: 18159564
Decision Date: 12/19/18	Archive Date: 12/19/18

DOCKET NO. 17-09 803
DATE:	December 19, 2018
REMANDED
Entitlement to an evaluation in excess of 10 percent for right knee sprain with patellofemoral syndrome is remanded.
REASONS FOR REMAND
The Veteran appeals a March 2014 rating decision denying a rating in excess of 10 percent for his service-connected right knee disability. 
Entitlement to an evaluation in excess of 10 percent for right knee sprain with patellofemoral syndrome is remanded.
While he failed to report for an examination scheduled in accordance with an April 29, 2018 examination request, the Veteran contacted the RO April 24, 2018 and reported he was incarcerated from April 23, 2018 to October 23, 2018. Thus, he was incarcerated at the time of the examination, likely did not receive the notice and could not report. 
When last examined for this disability in March 2014, testing was inadequate for rating purposes. The Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of the right knee disability. The VA examination must comply with the requirements in 38 C.F.R. § 4.59 as set forth in Correia v. McDonald, 28 Vet. App. 158, 168 (2016). The joints involved should be tested for pain on both active and passive motion, in weight-bearing and non weight-bearing, wherever possible.


The matter is REMANDED for the following action:
Schedule a new VA examination to address the current manifestations and severity of the Veteran’s service-connected right knee disability. The claims folder should be made available to the examiner and pertinent documents therein should be reviewed by the examiner. All necessary tests and studies should be accomplished, and all clinical findings should be reported in detail. The examination must comply with the requirements of 38 C.F.R. § 4.59 involving measurements of passive and active range of motion in both weight bearing (as appropriate) and non-weight bearing and if possible, with the range of opposite undamaged joint as appropriate.
The examiner is asked to indicate the point during range of motion testing that motion is limited by pain.  Any instability or lack thereof should be recorded.
The examiner should describe in detail the presence or absence and the extent of any functional loss due to weakened movement, excess fatigability, incoordination, or pain on use, and should state whether any pain claimed by the Veteran is supported by adequate pathology. 
 

The examiner should portray the degree of any additional range of motion loss due to pain on use or during flare-ups. 
All opinions provided must be thoroughly explained, and an adequate rationale for any conclusions reached should be provided. 

 
H. N. SCHWARTZ
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	N. RIPPEL