Citation Nr: 21066564
Decision Date: 11/01/21	Archive Date: 11/01/21

DOCKET NO. 17-33 947
DATE: November 1, 2021

REMANDED

Entitlement to an evaluation in excess of 10 percent for left knee traumatic arthritis with internal derangement, limitation of flexion, is remanded.

Entitlement to an initial compensable evaluation for left knee traumatic arthritis with internal derangement, limitation of extension, is remanded. 

Entitlement to an evaluation in excess of 10 percent for right knee degenerative arthritis with internal derangement, limitation of flexion, is remanded.

Entitlement to an initial compensable evaluation for right knee degenerative arthritis with internal derangement, limitation of extension, is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from January 1964 to March 1969, including foreign service.  

Historically and in pertinent part, these appeals were denied by the Board in December 2020.  However, the Court of Appeals for Veterans Claims (Court) granted a Joint Motion for Partial Remand (JMPR) in July 2021, thereby vacating the Board's determinations and remanding the matters for further review.

Of note, the Court's July 2021 decision did not disturb the remainder of the Board's December 2020 determinations, including a claim seeking entitlement to compensation under 38 U.S.C. § 1151 for a low back disability due to VA medical care, which the Board remanded at that time.  Development for this matter is ongoing, such that the §1151 appeal will be addressed in a subsequent Board decision, should such action be required.

As stated in the JMPR, the Board's prior decision relied on a series of VA examinations which did not fully comport with the requirements of Correia v. McDonald, 28 Vet. App. 158, 168 (2016).  Consistent with the terms of the JMPR, these appeals are hereby remanded to obtain such an examination.

The matters are REMANDED for the following action:

Schedule the Veteran for an examination to assess the current severity of his service-connected bilateral knee disabilities.  The claims folder must be provided to the examiner in conjunction with the examination.  All necessary tests and studies should be conducted.

The examiner should offer an assessment of all pertinent symptomatology and findings, to be reported in detail in accordance with Diagnostic Code 5260 and 5261 (both the old and amended versions). 

The examiner must test the range of motion in active motion, passive motion, weight-bearing, and non-weight-bearing.  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. 

Further, the examiner must estimate any functional loss in terms of additional degrees of limited motion experienced during flare-ups and after repetitive use over time. 

If the examiner cannot provide the above-requested estimation without resorting to speculation, he or she should state whether all procurable medical evidence had been considered, to specifically include the Veteran's description as to the severity, frequency, duration of the flare-ups and his description as to the extent of functional loss during a flare-up and after repetitive use over time; whether the inability is due to the limits of medical community or the limits of the examiner's medical knowledge; and whether there is additional evidence, which if obtained, would permit the opinion to be provided.

 

 

Evan M. Deichert

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. Kovarovic, Counsel

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.