Citation Nr: 19124331 Decision Date: 04/04/19 Archive Date: 04/01/19 DOCKET NO. 13-09 312 DATE: April 4, 2019 REMANDED ISSUE Entitlement to an initial disability rating in excess of 10 percent for degenerative arthritis of the right knee with radial tear of anterior horn of meniscus, status/post arthroscopy (hereinafter “right knee disability”) is remanded. REASONS FOR REMAND The Veteran served on active duty for training from May 1998 to July 1998 and on active duty in the United States Army from October 2000 to October 2003 and from December 2008 to December 2011. This matter is before the Board of Veterans’ Appeals (Board) on appeal of an April 2012 rating decision of the Salt Lake City, Utah, Regional Office (RO) of the Department of Veterans Affairs (VA). Subsequently, in a February 2013 rating decision, the RO increased the disability rating for the Veteran’s service-connected right knee disability from noncompensable to 10 percent. The Veteran appeared at a hearing before the undersigned Veterans Law Judge in November 2018. A transcript of the hearing is in the Veteran’s file. Entitlement to an initial disability rating in excess of 10 percent for a right knee disability is remanded. At the Veteran’s November 2018 Board hearing, he stated that his right knee disability had gotten worse since his last VA examination. He noted that his right knee would give way 3 to 4 times per day and that it would lock up when he walked for long periods of time. He also noted that his knee would swell if he stood on it for too long. The Veteran reported that he could stand for 15 to 20 minutes before needing to sit down and that he used a brace to keep his knee stable. The Veteran noted receiving treatment, to include physical therapy, through VA. A review of the record shows that in February 2018, the Veteran was afforded a VA knee and lower leg examination which had been requested for a separate claim regarding the Veteran’s left knee. Although the report reflects an evaluation of the Veteran’s right knee, based on the testimony from the November 2018 Board hearing, the Board finds that a remand is necessary to fully and fairly evaluate the claim for an increased rating. Allday v. Brown, 7 Vet. App. 517 (1995). As there appears to have potentially been changes in the severity of the Veteran’s condition, the Board finds that a new examination is needed. The VA examiner should be mindful that in a recent case, the United States Court of Appeals for Veterans Claims (Court) held that a VA examination of the joints must, wherever possible, include the results of the range of motion testing described in the final sentence of 38 C.F.R. §4.59. That final sentence of §4.59 directs that the joints involved should be tested for pain on both active and passive motion, in weight-bearing and nonweight-bearing and, if possible, with the range of the opposite undamaged joint. Correia v. McDonald, 28 Vet. App. 158 (2016). Lastly, ongoing medical records must also be obtained in light of the remand. 38 U.S.C. § 5103A(c); see also Bell v. Derwinski, 2 Vet. App. 611 (1992). The matter is REMANDED for the following action: 1. Obtain complete VA treatment records not already associated with the claims file since February 2018. 2. Schedule the Veteran for an appropriate VA examination to evaluate the severity of his service-connected right knee disability, to include the required testing pursuant to the holding in Correia. The examiner should provide an assessment of the current nature of the Veteran’s right knee disability. Findings reported should include those related to pain on both active and passive motion, in weight-bearing and nonweight-bearing and, if possible, with the range of the opposite undamaged joint. Accordingly, the examiner is asked to describe the severity, frequency, and duration of all symptomatology associated with the condition. Also, all functional limitations present (a) after repetition over time and, separately, (b) during flare-ups should be reported. The examiner should also comment on the extent to which this disability affects the Veteran’s ability to secure and follow a substantially gainful occupation. (Continued on next page) If for any reason the examiner is unable to conduct the required testing, he or she should clearly explain why that is so. Evan M. Deichert Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD A-L Evans, Counsel