Citation Nr: 21032757 Decision Date: 05/27/21 Archive Date: 05/27/21 DOCKET NO. 18-03 908 DATE: May 27, 2021 REMANDED Entitlement to a rating in excess of 10 percent for Osgood-Schlatter's disease, left knee disability, is remanded. Entitlement to a rating in excess of 10 percent for Osgood-Schlatter's disease, right knee disability, is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1969 to March 1973 and April 1973 to April 1977. This appeal comes to the Board of Veterans' Appeals (Board) from a June 2016 rating decision of the Department of Veterans' Affairs (VA) regional office (RO). The Veteran testified at a hearing with the undersigned in July 2020. Entitlement to a rating in excess of 10 percent for Osgood-Schlatter's disease, left knee disability, is remanded. Entitlement to a rating in excess of 10 percent for Osgood-Schlatter's disease, right knee disability, is remanded. In May 2016 the Veteran was afforded a VA examination to determine the severity of his bilateral knee disabilities. In the June 2020 hearing testimony, the Veteran asserted his bilateral knee disability, specifically the Osgood-Schlatter's disease, has increased in severity since the Veteran was last examined by VA. As such, VA is required to afford him a contemporaneous VA examination to assess the current nature, extent, and severity of his knee disability. See Snuffer v. Gober, 10 Vet. App. 400, 403 (1997). Moreover, the Veteran testified that the May 2016 VA examiner did not capture accurate results because she tested only passive motion and not active motion. He also credibly testified that the passive motion forced him into painful positions and that the examiner told him he was "fighting her" but he was just trying to protect his knees because of the pain. The Board finds these assertions competent and credible and agrees that the examiner did not complete all necessary testing. The examination does not comply with the requirements in Correia v. McDonald, 28 Vet. App. 158, 168 (2016), as they did not contain active range of motion measurements. Finally, the Veteran testified that he has been continuously treated with VA, either through the Choice Program or at a VA facility. The claims file contains treatment records dated through November 2017, and from April 2018 to May 2019. On remand, any relevant VA or Choice Program treatment records dated from November 2017 to March 2018 or after May 2019 should be obtained and associated with the claims file. The matters are REMANDED for the following actions: 1. Obtain the Veteran's VA treatment records relevant to the bilateral knees for the period from November 2017 to March 2018 and from May 2019 to the present. 2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected Osgood-Schlatter's disease of the bilateral knees. 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. a. 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 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). (Continued on the next page) b. The examiner must 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 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). LAURA E. COLLINS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Brewer, 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.