Citation Nr: 21028432
Decision Date: 05/11/21	Archive Date: 05/11/21

DOCKET NO. 18-27 155
DATE: May 11, 2021

REMANDED

Entitlement to a rating in excess of 10 percent for left knee Osgood-Schlatter's disease with limitation of extension is remanded. 

Entitlement to a rating in excess of 10 percent for right knee Osgood-Schlatter's disease with limitation of flexion is remanded. 

Entitlement to an initial compensable rating for right knee Osgood-Schlatter's disease with limitation of extension is remanded. 

REASONS FOR REMAND

The Veteran served on active duty in the United States Marine Corps from January 1991 to December 1992. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

In May 2021, the Veteran testified at a hearing before the undersigned Veterans Law Judge.

The Veteran was afforded a VA examination in connection with his bilateral knee disabilities in April 2015, which does not comply with Correia v. McDonald, 28 Vet. App. 158 (2016) (the final sentence of 38 C.F.R. § 4.59 requires that VA examinations include joint testing for pain on both active and passive motion, in weight-bearing and nonweight-bearing and, if possible, with range of motion measurements of the opposite undamaged joint).  Moreover, the Veteran indicates that his knee disabilities have worsened since being examined by VA in 2015.  Accordingly, a new VA examination consistent with the requirements set forth by Correia is warranted on remand and any outstanding treatment records should also be secured.

The matters are REMANDED for the following action:

1. Obtain any outstanding VA treatment records.

2. With any necessary assistance from the Veteran, obtain any outstanding relevant private treatment records.

3. Then schedule the Veteran for a VA examination to determine the current nature and severity of his bilateral knee disabilities.  The claims file should be made available to and reviewed by the examiner.  All findings should be reported in detail.  

The examiner should conduct range of motion studies.  The joints involved should be tested for pain (1) on active motion, (2) on passive motion, (3) in weight-bearing, and (4) in nonweight-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.  

In assessing functional loss, please also provide an opinion describing functional impairment of the Veteran's left and right knees 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 of additional degrees of limitation 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.  The examiner must include a discussion of any specific facts that cannot be determined if unable to opine without speculation.  A complete rationale shall be given for all opinions and conclusions expressed.

 

 

S. BUSH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S.S. Mahoney

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.