Citation Nr: 21070550
Decision Date: 11/24/21	Archive Date: 11/24/21

DOCKET NO. 16-50 613
DATE: November 24, 2021

REMANDED

Entitlement to a rating in excess of 10 percent for right knee strain with arthritis with limitation of flexion is remanded.

REASONS FOR REMAND

The Veteran served on active duty from April 1982 to March 1985. 

This matter was previously before the Board in June 2020. The Veteran appealed the Board's decision to the United States Court of Appeals for Veterans Claims (Court). In a June 2021 order, the Court remanded the case to the Board for action consistent with a May 2021 Joint Motion for Partial Remand (JMPR).

1. Entitlement to a rating in excess of 10 percent for right knee strain with arthritis with limitation of flexion is remanded.

The June 2021 JMPR found that the prior examinations of record are not adequate because they do not address the Veteran's flare-ups or comply with the requirements in Correia v. McDonald, 28 Vet. App. 158, 168 (2016).  

 

The matters are REMANDED for the following action:

1. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected right knee strain with arthritis with limitation of flexion.  The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria.  

In so doing, the examiner must test the Veteran's active motion, passive motion, and pain with weight-bearing and without weight-bearing.  If it is not possible to provide a specific measurement without speculation, the examiner must state the reason.  

The examiner must also attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups.  If it is not possible to provide a specific measurement based on direct observation, the examiner should provide an estimate, if at all possible, of the additional impairment due to flare-ups based on the other evidence of record and the Veteran's statements.  If it is not possible to provide a specific measurement without speculation, the examiner must state the reason.

 

The examiner should determine whether there is any instability, and if present, determine the extent of such instability.

 

 

H. N. SCHWARTZ

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Creegan, Amanda

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.