Citation Nr: 21007843 Decision Date: 02/10/21 Archive Date: 02/10/21 DOCKET NO. 15-10 457 DATE: February 10, 2021 REMANDED The issue of entitlement to an evaluation in excess of 10 percent disabling for service-connected left knee medial meniscus tear, postoperative, is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1975 to December 1977. In July 2020, the Board remanded the issue on appeal for additional development. For the reasons outlined below, the Board finds that remand is again needed. Entitlement to an evaluation in excess of 10 percent disabling for service-connected left knee medial meniscus tear, postoperative. The Board finds that additional development is needed prior to final adjudication of the issue on appeal. Specifically, the Board finds that a new VA examination is needed in order to evaluate the current severity of the Veteran’s service-connected disability. The Board acknowledges the November 2020 VA examination, which notes pain in the Veteran’s left knee on flexion in the initial range of motion measurements. However, upon remand, the Board asks that this be described in terms of degrees of range of motion; that is, the Board asks that an examiner note specifically at which point in degrees this pain begins. See Correia v. McDonald, 28 Vet. App. 158 (2016). Similarly, the report notes objective evidence of pain when the left knee is used in nonweight-bearing, as well as on passive range of motion (noting that the objective evidence of pain on passive range of motion is the same as active range of motion). The Board asks that the point at which pain begins, as described in degrees of range of motion, be provided upon remand. Finally, the Board seeks clarification regarding weight-bearing. In one part of the examination report, it is indicated that the Veteran reported having functional loss/impairment, including being unable to bear weight on the leg. However, the initial range of motion measurement noted no evidence of pain with weight-bearing for the left knee. The Board seeks clarification upon remand. The matter is REMANDED for the following action: 1. After securing any necessary consent forms from the Veteran, obtain any outstanding treatment records, to include any VA and/or private treatment records, pertaining to the issue on appeal. All efforts should be documented in the claim file. If any records could not be obtained, this should be noted in the claim file. 2. Upon completion of the above, schedule the Veteran for a VA examination to evaluate the current level of severity of her knee disability. The claim folder and all pertinent treatment records should be made available to the examiner for review, and review of such records should be noted in any subsequent report. 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. The examiner is asked specifically to provide range of motion testing (ROM) for both knees for active motion, passive motion, weight-bearing, and nonweight-bearing. Full ROM testing must be conducted on the opposite joint unless the opposite joint is damaged, which includes any disorder that would make the joint in question abnormal. If the opposite joint is determined to be damaged, and no ROM on testing is conducted, this must be explained in the report. In addition, for both knees the examiner must discuss pain for ROM movements on active, passive, and repetitive use testing. The examiner is asked to address the following questions: (a) Are any ROM movements painful on active, passive, and repetitive use testing? If yes, identify whether active, passive, and repetitive use. (b) If yes (there are painful movements), does the pain contribute to functional loss or additional limitation of ROM? Please further describe the functional loss or additional limitation of ROM. (c) If no (the pain does not contribute to functional loss or additional limitation of ROM), explain why the pain does not contribute. In addition, for both knees the examiner must discuss pain when used in weight-bearing or in nonweight-bearing. The examiner is asked to address the following questions: (a) Is there pain when the joint is used in weight-bearing or nonweight-bearing? If yes, identify whether weight-bearing or nonweight-bearing. (b) If yes (there is pain when used in weight-bearing or nonweight-bearing), does the pain contribute to functional loss or additional limitation of ROM? Please further describe these limitations. (c) If no (the pain does not contribute to functional loss or additional limitation of ROM), explain why the pain does not contribute. For all ranges and planes of motion where pain is noted, the exact point at which pain starts must be clearly noted. 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, as expressed in range of motion. To the extent possible, the examiner should identify any symptoms and functional impairments due to the knee disability and discuss the effect of the Veteran’s knee disability on any occupational functioning and activities of daily living. The examiner should state whether or not there is any neurologic disability, to include of the lower extremities, that is the result of the knee disability. (Continued on next page)   3. If upon completion of the above action the issue is denied, the case should be returned to the Board after compliance with appellate procedures. E. I. VELEZ Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K. Foster, 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.