Citation Nr: 18141456 Decision Date: 10/10/18 Archive Date: 10/10/18 DOCKET NO. 11-28 257 DATE: October 10, 2018 REMANDED Entitlement to a disability rating in excess of 20 percent for limitation of flexion of the right thigh, associated with the Veteran's service-connected right hip and right groin myositis ossificans is remanded. REASONS FOR REMAND In a June 2017 decision, the Board denied entitlement to a to a disability rating in excess of 20 percent for limitation of flexion of the right thigh, associated with the Veteran’s service-connected right hip and right groin myositis ossificans. The Veteran appealed the Board’s June 2017 decision denying a disability rating in excess of 20 percent for limitation of flexion of the right thigh, associated with the Veteran’s service-connected right hip and right groin myositis ossificans, to the United States Court of Appeals for Veterans Claims (Court). In a February 2018 Joint Motion for Remand (JMR), the Court granted the parties’ motion to vacate the portion of the June 2017 Board decision denying a disability rating in excess of 20 percent for limitation of flexion of the right thigh, associated with the Veteran’s service-connected right hip and right groin myositis ossificans, and remanded it for further review and action consistent with the JMR. 1. Entitlement to a disability rating in excess of 20 percent for limitation of flexion of the right thigh, associated with the Veteran's service-connected right hip and right groin myositis ossificans is remanded. A remand is necessary to ensure that there is a complete record upon which to decide the Veteran’s claim for entitlement to a to a disability rating in excess of 20 percent for limitation of flexion of the right thigh, associated with the Veteran’s service-connected right hip and right groin myositis ossificans. As noted by the parties in the Joint Motion for Remand, the Veteran’s VA hip examinations, upon which the Board relied in making its June 2017 decision, were not fully adequate. Specifically, subsequent to the November 2014 VA examination, the Court in Correia v. McDonald, No. 13-3238 (Vet. App. July 5, 2016), held that the final sentence of 38 C.F.R. § 4.59 requires that VA examinations include joint testing for pain on both active and passive motion, in weight-bearing and nonweight-bearing and, if possible, with range of motion measurements of the opposite undamaged joint. A review of the claims file reveals that the November 2014 hip examination, does not demonstrate range of motion testing for both hips or ankles in passive motion, weight-bearing, and nonweight-bearing situations. In short, this VA hip examination was inadequate. Thus, at present, none of the medical evidence of record fully satisfies the requirements of Correia and 38 C.F.R. § 4.59. As such, a new VA hip examination is necessary for the purpose of ascertaining the current severity and manifestations of the Veteran’s service-connected right hip disability. In order to comply with the Correia case, it is requested that the VA examiner test the range of motion for both hips in active motion, passive motion, weight-bearing, and nonweight-bearing situations. If such testing cannot be performed, the examiner must explain why such testing could not be performed. The matter is REMANDED for the following action: 1. Contact the appropriate VA Medical Center and obtain and associate with the claims file all outstanding records of treatment. If any requested records are not available, or the search for any such records otherwise yields negative results, that fact must clearly be documented in the claims file. Efforts to obtain these records must continue until it is determined that they do not exist or that further attempts to obtain them would be futile. The non-existence or unavailability of such records must be verified and this should be documented for the record. Required notice must be provided to the Veteran and his representative 2. Then the AOJ should secure the appropriate VA hip examination to ascertain the current severity and manifestations of the Veteran’s service-connected right hip disability. Access to the VBMS and Virtual VA electronic claims files must be made available to the examiner for review. Any and all studies, tests, and evaluations deemed necessary by the examiner should be performed. The examination should include a statement as the effect of the Veteran’s service-connected right hip disability on the Veteran’s occupational functioning and daily activities. The VA examiner should provide a complete rationale for any opinions provided. In particular, in order to comply with the Court’s recent precedential decision in Correia v. McDonald, No. 13-3238 (Vet. App. July 5, 2016), the VA hip examination must include range of motion testing for both hips in the following areas: * Active motion; * Passive motion; * Weight-bearing; and * Nonweight-bearing. If the VA examiner is unable to conduct all the required testing or concludes that certain aspects of the required testing are not necessary or are not relevant for the right hip, he or she should clearly explain why that is so. DAVID L. WIGHT Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. Nelson, Associate Counsel