Citation Nr: 18140158
Decision Date: 10/02/18	Archive Date: 10/02/18

DOCKET NO. 15-32 859
DATE:	October 2, 2018
REMANDED
Entitlement to a rating in excess of 20 percent for a degenerative disc disease of the cervical spine (neck) is remanded.
REASONS FOR REMAND
The Veteran served on active duty in the Navy from August 1976 to December 1978.  In August 2016, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge.  A transcript of that hearing is of record.
In Correia v. McDonald, 28 Vet. App. 158 (2016), the Court of Appeals for Veterans Claims held that the final sentence of 38 C.F.R. § 4.59 requires certain range of motion testing be conducted for claims involving joints, such as the neck.  The final sentence of § 4.59 provides that “[t]he joints involved should be tested for pain on both active and passive motion, in weight-bearing and nonweight-bearing and, if possible, with the range of the opposite undamaged joint.”  The Court held that an adequate VA examination of the joints must, wherever possible, include the results of the range of motion testing described in the final sentence of § 4.59.  VA examiners should also convey any additional or increased symptoms and functional loss experienced during flare-ups, as well as information pertaining to frequency, duration, characteristics, and severity.  See Sharp v. Shulkin, 29 Vet. App. 26 (2017).
During the course of the Veteran’s present increased rating claim, he underwent a VA examination for his neck condition in February 2014.  However, a review of the examination report shows that it did not comply with the above requirements because they did not address testing on passive motion, weight bearing and non-weight bearing, and the frequency, duration, characteristics, and severity of the Veteran’s reported flare ups.  As a result, a remand for a compliant examination is warranted.
The matter is REMANDED for the following action:
1.  Associate with the claims file all outstanding VA and non-VA medical records for the Veteran’s service connected neck disability.
2.  After the record is determined to be complete, schedule the Veteran for a VA examination to determine the current extent of his service-connected neck disability.  In particular, the examiner should:
a.  Conduct range of motion testing, specifically noting the ranges of motion in degrees on active and passive motion and weight-bearing and nonweight-bearing.  If any indicated testing cannot be completed, then the examiner should specifically indicate why such testing cannot be done.
b.  Consider the Veteran’s reports of flare-ups and portray any related functional impairment in terms of additional range of motion loss.  The frequency, duration, characteristics, and severity should also be noted.  If any 
 
indicated testing cannot be completed, then the examiner should specifically indicate why such testing cannot be done.
 
M. C. GRAHAM
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	B. Herdliska