Citation Nr: 22019162 Decision Date: 03/31/22 Archive Date: 03/31/22 DOCKET NO. 17-53 255 DATE: March 31, 2022 REMANDED Entitlement to a rating in excess of 10 percent for right knee chondromalacia is remanded. REASONS FOR REMAND The Veteran served on active duty from February 1976 to October 1982. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). Although the Veteran requested a hearing, in December 2021 correspondence, the Veteran's representative requested that the scheduled hearing be cancelled and that a decision be issued based on the evidence of record. Therefore, the hearing request is deemed withdrawn. See 38 C.F.R. § 20.704(e) (2020). This appeal has been advanced on the Board's docket pursuant to 38 U.S.C. § 7107(a) (2); 38 C.F.R. § 20.900(c) (2020). 1. Entitlement to a rating in excess of 10 percent for right knee chondromalacia The Veteran's last VA examination for his right knee was in August 2015. The evidence suggests that the Veteran's right knee disability may have worsened since that time. Specifically, a June 2018 VA treatment record indicates that an April 2018 x-ray of the right knee showed a progression/worsening of degenerative joint disease in comparison with the prior right knee x-ray dated in December 2015. Further, it does not appear that the August 2015 VA examination complies with the requirements set forth in Correia v. McDonald, 28 Vet. App. 158, 168 (2016), as the examination report did not provide range of motion findings for passive motion, in weight-bearing, and non-weight-bearing; or the requirements set forth in Sharp v. Shulkin, 29 Vet. App. 26, 34-36 (2017), as the examination report indicated that an opinion regarding flare ups and repeated use testing could not be provided without resort to speculation but did not explain why that was so. Accordingly, remand to obtain a new VA examination is warranted. Additionally, there may be outstanding treatment records. In an October 2017 statement, the Veteran reported that he was currently awaiting right knee surgery, and a January 2022 VA treatment record indicates the Veteran was cleared to undergo right knee orthopedic surgery. VA treatment records since January 2022 are not associated with the record. These should be obtained on remand. Updated private treatment records should also be requested. The matters are REMANDED for the following action: 1. Ask the Veteran to provide the names and addresses of all medical care providers who have recently treated him for his claimed right knee disability. After securing any necessary releases, request any relevant records identified. In addition, obtain updated VA treatment records since January 2022. If any requested records are unavailable, the Veteran should be notified of such. 2. After the above development is completed, schedule the Veteran for a VA examination to assess the current nature and severity of his service-connected right knee disability. The claims file must be reviewed by the examiner. All indicated testing 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, for the period on appeal. (c.) 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). A complete rationale should be provided for all opinions and conclusions expressed. K. A. BANFIELD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. C. Birder 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.