Citation Nr: 21021017 Decision Date: 04/09/21 Archive Date: 04/09/21 DOCKET NO. 190213-3695 DATE: April 9, 2021 REMANDED Entitlement to a rating in excess of 10 percent for left knee limitation of extension prior to November 14, 2016 is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from July 1972 to July 1992. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2019 Rapid Appeals Modernization Program (RAMP) rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In February 2019, the Veteran elected Direct Review of the January 2019 RAMP rating decision. In September 2019, the Board denied a rating in excess of 10 percent for left knee limitation of extension prior to November 14, 2016. The Veteran appealed the September 2019 Board decision to the United States Court of Appeals for Veterans Claims (Court). In August 2020, the Court granted a Joint Motion for Partial Remand (JMPR) that vacated the Board’s decision to the extent it denied a rating in excess of 10 percent for left knee limitation of extension prior to November 14, 2016. Here, remand is required because the December 2014 and September 2015 VA examination reports are inadequate for rating purposes. Barr v. Nicholson, 21 Vet. App. 303 (2007) (once VA undertakes the effort to provide an examination, it must provide an adequate one). Specifically, there is no indication that either examiner conducted range of motion testing on passive motion or during weight-bearing, as required by Correia v. McDonald, 28 Vet. App. 158, 168 (2016), and both examiners indicated that they were unable to opine on range of motion or other functional loss with flare-up because the Veteran was not experiencing a flare-up at the time of the examinations, in contravention of Sharp v. Shulkin, 29 Vet. App. 26, 33 (2017). See August 2020 JMPR at 2. As such, a new examination is necessary on remand to correct this predecisional duty to assist error. This matter is REMANDED for the following action: Schedule the Veteran for an examination to assess the current severity of his left knee disability. The claims file should be made available to and should be reviewed by the examiner. All findings should be reported in detail. (a) The joints involved should be tested for pain (1) on active motion, (2) on passive motion, (3) in weight-bearing, (4) in nonweight-bearing, and (5) with range of motion of the opposite undamaged joint. 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 (i.e., ankylosis, too painful to test, etc.). (b) Considering the Veteran’s reported history, as well as the nature of his disability, please also provide an opinion describing functional impairment of the left knee disability due to flare-ups, accounting for pain, incoordination, weakened movement, and excess fatigability on use, and, to the extent possible, report such impairment in terms additional loss of motion. If unable to provide such an opinion without resorting to speculation, please provide a rationale for this conclusion, with specific consideration of the instructions in the VA Clinician’s Guide to estimate, “per [the] veteran,” what extent, if any, flare-ups affect functional impairment. A complete rationale should be given for all opinions and conclusions expressed. If the examiner cannot provide either or both opinions without resorting to speculation, he or she should explain why an opinion cannot be provided (e.g. lack of sufficient information/evidence, the limits of medical knowledge, etc.). S. BUSH Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. J. Rogers, Associate 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.