13-19 804, 13-19 804

Veteran served in the U.S. Marine Corps from August 2006 to August 2010 and appeals VA ratings for bilateral patellofemoral syndrome of the knees.
Initial noncompensable ratings were increased by the RO to 10% effective June 29, 2015; veteran seeks higher initial ratings prior to that date and ratings in excess of 10% thereafter.
The claim has a long procedural history with prior Board remands (May 2015, May 2016) and a July 2015 VA knee examination obtained per earlier remand.
The Board found the July 2015 VA examination inadequate under Correia because it lacked active/passive and weight-bearing/non-weight-bearing ROM testing and did not properly document pain on motion.
The Board remanded for (1) obtaining outstanding VA and private records from July 2015 to present, and (2) a new, comprehensive VA examination complying with Correia (specific testing, rationale, and opinions on flare-ups, repetitive use, weakened movement, and degree of ROM loss).
The Board ordered adjudication after development and issuance of an SSOC if any benefits are not granted in full; the remand is a preliminary order, not a final decision on merits.

Issue	Plaintiff's Argument	Defendant's Argument	Held
1. Entitlement to an initial compensable rating prior to 6/29/2015 for right knee	Veteran contends knee condition warrants a compensable rating before 6/29/2015	VA relied on existing exam evidence and assigned noncompensable status earlier	Remanded: July 2015 exam inadequate under Correia; new exam and records needed
2. Entitlement to an initial compensable rating prior to 6/29/2015 for left knee	Veteran contends left knee warrants compensable rating before 6/29/2015	VA relied on existing exam evidence and assigned noncompensable status earlier	Remanded: July 2015 exam inadequate under Correia; new exam and records needed

Correia v. McDonald, 28 Vet. App. 158 (discusses requirement for ROM testing: active/passive and weight-bearing/non-weight-bearing)
AB v. Brown, 6 Vet. App. 35 (subsequent higher RO rating less than maximum does not abrogate a pending appeal)
Kutscherousky v. West, 12 Vet. App. 369 (appellant may submit additional evidence after Board remand)