Citation Nr: 21028864 Decision Date: 05/12/21 Archive Date: 05/12/21 DOCKET NO. 17-15 512 DATE: May 12, 2021 REMANDED Entitlement to an initial rating in excess of 10 percent for a left knee disability is remanded. REASONS FOR REMAND The Veteran had active service from January 1992 to November 2001. This matter is before the Board of Veterans' Appeals(Board) on appeal from a rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). This matter was last before the Board in August 2020, when it was remanded for additional development. 1. Entitlement to an initial rating in excess of 10 percent for a left knee disability is remanded. The evidence indicates there may be outstanding relevant VA treatment records. A VA treatment record from February 26, 2020 indicates that the Veteran was to return for a follow up appointment in February 2021. VA treatment records dated after October 12, 2020 have not been associated with the claims file. Additionally, a June 11, 2020 VA entry indicates that an October 24, 2019 non-VA acupuncture record had been scanned into VistA Imaging. It does not appear that record has been obtained. A remand to obtain the outstanding records is required. In accordance with the August 2020 remand directives, the Veteran was provided a VA examination in October 2020. Nevertheless, while the examiner indicated that the Veteran had pain with active and passive motion, the examiner did not indicate where the pain started or ended. Additionally, while the examiner indicated that the Veteran would have pain, weakness, fatigability, or incoordination with repeated use over time, the range of motion estimate provided regarding such use was identical to the Veteran's initial range of motion findings. Accordingly, the Veteran should be provided a VA examination that complies with Correia v. McDonald, 28 Vet. App. 158, 168 (2016) and Sharp v. Shulkin, 29 Vet. App. 26, 34-36 (2017). The matters are REMANDED for the following actions: 1. Ask the Veteran to provide the names and addresses of all medical care providers who have recently treated him for his claimed disabilities. After securing any necessary releases, request any relevant records identified. In addition, obtain updated VA treatment records dated since October 12, 2020 as well as the VistA Imaging records referenced in the June 11, 2020 VA record entry. If any requested records are unavailable, the Veteran should be notified of such. 2. After the above record development is completed to the extent possible, schedule the Veteran for a VA knee examination to determine the current nature and severity of his service-connected left knee disability. The claims file should be reviewed in conjunction with the examination. All indicated tests should be conducted and the results reported. Range of motion testing should be undertaken, and should be tested actively and passively, in weight bearing, and after repetitive use. (a.) For each range of motion testing conducted the examiner must state where in the range of motion the Veteran reports that he begins to experience pain. If the examiner is unable to conduct any of 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. (b.) The examiner should also state whether there is likely to be additional range of motion loss due to flare-ups and due to pain, weakness, fatigability, or incoordination. If so, the examiner is asked to describe the additional loss, in degrees, if possible. In doing so, the examiner should elicit relevant information as to the Veteran's flares or ask him to describe the additional functional loss, if any, he suffered during flares and then estimate the Veteran's functional loss due to flares based on all the evidence of record, including the Veteran's lay information. (c.) The examiner should also indicate whether the Veteran's left knee brace was prescribed for lateral instability and/or recurrent subluxation or for other knee symptoms. The examiner should address the October 2020 VA examination report noting no recurrent subluxation or lateral instability but also noting occasional use of a left knee brace due to status post left knee meniscectomy and the April 2014 VA examination report noting normal joint stability and no history of recurrent subluxation, while also noting regular use of a left knee brace for "anything that requires side to side motion." (d.) If it is not possible to provide a specific measurement, or an opinion regarding flare-ups, symptoms, or functional impairment without speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner (does not have the knowledge or training). K. A. BANFIELD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Anderson 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.