Citation Nr: 22012805 Decision Date: 03/07/22 Archive Date: 03/07/22 DOCKET NO. 16-20 185 DATE: March 7, 2022 REMANDED Entitlement to an initial evaluation in excess of 10 percent for a left knee strain with meniscus tear is remanded. Entitlement to an initial evaluation in excess of 10 percent for a right knee strain with meniscus tear is remanded. REASONS FOR REMAND The Veteran served in the United States Army from October 2001 to October 2002, February 2005 to February 2006, April 2011 to September 2011, and July 2014 to January 2015. This matter comes before the Board of Veterans' Appeals (Board) on appeal of June 2015 and July 2015 rating decisions issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Philadelphia, Pennsylvania. In April 2019, the Veteran testified via videoconference before the undersigned Veterans' Law Judge. A transcript of the hearing will be associated with the claims file at a later time. In April 2019, the Board remanded this matter for additional development. 1. 2. Entitlement to an initial evaluation in excess of 10 percent for a left knee strain with meniscus tear is remanded; entitlement to an initial evaluation in excess of 10 percent for a right knee strain with meniscus tear is remanded. Pursuant to the April 2019 Board remand instructions, the Veteran was afforded a VA examination in November 2019. The VA examiner indicated that there was evidence of pain on passive range of motion testing and when the joint is used in weightbearing and non-weightbearing. While range of motion measurements were noted for each knee, passive motion and weight and non-weightbearing measurements were not completed. As the April 2019 remand was not complied with, remand for full compliance with the Board's prior remand is warranted. Stegall v. West, 11 Vet. App. 268, 271 (1998). The matters are REMANDED for the following action: Schedule the Veteran for a VA examination to assess the severity of the service-connected right and left knee disabilities. The record, including a copy of this remand, must be made available to the examiner, and the examination report should include discussion of the Veteran's documented medical history and assertions. All indicated tests and studies should be accomplished (with all findings made available to the requesting examiner prior to the completion of his or her report), and all clinical findings should be reported in detail. Specifically, the Veteran's right and left knees should be tested for pain in both weightbearing and non-weightbearing positions, and on both active and passive motion. If this cannot be performed, the examiner should explain why. The examiner should record the range of motion of the joints observed on clinical evaluation in terms of degrees. The examination must include testing results of both active and passive motion, and in weightbearing and non-weightbearing. If there is evidence of pain on motion, the examiner should indicate the degree of range of motion at which such pain begins, as well as whether such pain on movement results in any loss of range of motion. If feasible, the VA examiner should assess the additional functional impairment due to weakened movement, excess fatigability, or incoordination in terms of the degree of additional range of motion loss. If the Veteran reports flare-ups, the examiner should ask him to report or demonstrate his range of motion during the flare-ups. The VA examiner should also express an opinion concerning whether there would be additional limits on functional ability on repeated use and/or during flare-ups, and, to the extent possible, provide an assessment of the functional impairment on repeated use and/or during flare-ups. The VA examiner should assess the additional functional impairment on repeated use and/or during flare-ups in terms of the degree of additional range of motion loss. If the VA examiner is unable to report the degree of additional range of motion loss during repeated use and/or a flare-up, the VA examiner must explain why it is not feasible to render such an opinion. In other words, the VA examiner should opine as to any resultant loss in range of motion that would occur during repeated use and/or flare-ups or explain why it is not feasible to render such an opinion. If the Veteran endorses experiencing them, the examiner must obtain information regarding the frequency, duration, characteristics, severity, and/or functional loss related to such flare-ups. Then, if the examination is not being conducted during a flare-up, the examiner should provide an opinion based on estimates derived from the information above as to the additional loss of range of motion that may be present during a flare-up. If the examiner cannot provide an opinion as to additional loss of motion on repeated use and/or flare-up without resorting to mere speculation, the examiner must make clear that s/he has considered all procurable data (i.e., the information regarding frequency, duration, characteristics, severity, and/or functional loss related to such flare-ups elicited from the Veteran), but any member of the medical community at large could not provide such an opinion without resorting to speculation. All opinions expressed should be accompanied by supporting rationale. L. CHU Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Griffith, Shari 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.