10-42 059, 10-42 059

Veteran served on active duty 1977–1995 and appealed VA RO decisions denying ratings above 10% for left and right knee disabilities (osteoarthritis/degenerative joint disease).
Initial RO denial issued October 2009; appeal perfected October 2010; Travel Board hearing held October 2013.
Board remanded for additional development in July 2014; in December 2015 the Board denied higher knee ratings and granted bilateral shoulder service connection; Veteran appealed to the CAVC.
In July 2016 the CAVC vacated the Board’s December 2015 decision and returned the case pursuant to a Joint Motion for Partial Remand.
After Correia v. McDonald (28 Vet. App. 158 (2016)), the Board issued a remand ordering a VA examination that complies with Correia (active/passive and weight-bearing/non-weight-bearing ROM testing and assessment of flare-ups/repeated use) and further development as needed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Veteran is entitled to >10% rating for right knee disability	Veteran argues current 10% rating understates severity and functional loss	VA maintained the 10% ratings based on existing record/exams	Remanded for a Correia-compliant VA knee examination and assessment of flare-ups/repeated use before deciding merits
Whether Veteran is entitled to >10% rating for left knee disability	Veteran argues left knee (osteoarthritis) warrants >10% rating	VA maintained the 10% rating based on existing record/exams	Remanded for a Correia-compliant VA knee examination and assessment of flare-ups/repeated use before deciding merits

Correia v. McDonald, 28 Vet. App. 158 (2016) (requires ROM testing for pain on active and passive motion and in weight-bearing and nonweight-bearing where possible)
Kutscherousky v. West, 12 Vet. App. 369 (1999) (claimant may submit additional evidence and argument after remand)