Citation Nr: 18143078
Decision Date: 10/18/18	Archive Date: 10/17/18

DOCKET NO. 16-35 169
DATE:	October 18, 2018
REMANDED
Entitlement to a compensable initial rating for left femur neck stress fracture (hereinafter referred to as a “left femur disability”) is remanded.
REASONS FOR REMAND
The Veteran served on active duty in the Navy from February 1989 to June 1994 under honorable conditions.  He also served in the Marine Corps from April 1998 to August 2004, but received a bad conduct discharge. 
The claim for a higher rating for a left femur disability is being remanded for a VA examination.  In Correia v. McDonald, 28 Vet. App. 158 (2016), the Court held that 38 C.F.R. § 4.59 requires VA examinations to include joint testing for pain on both active and passive motion, in weight-bearing and nonweight-bearing and, if appropriate, with ROM measurements of an opposite undamaged joint.
The Board has reviewed the Veteran’s November 2014 VA examination report and concludes that this examination does not meet the specifications of Correia in order for the Board to adequately assess the Veteran’s service-connected left femur disability.  The examination contains range of motion (ROM) testing of the left hip for what is presumably active motion, but not in passive motion, weight-bearing, or nonweight-bearing.  Additionally, it did not provide the results for any ROM testing of the opposite joint.  Moreover, in his August 2018 brief, the Veteran contended that he experienced pain on motion and movement of his femur, which was not acknowledged by the VA examiner.  As such, a new VA examination is required. 
The matter is REMANDED for the following action:
1. Schedule the Veteran for a VA examination to evaluate his service-connected left femur disability.  All indicated tests and studies should be accomplished and the findings reported in detail.
The examiner is asked to examine the Veteran, review his claims file, and then respond, with compete rationale, to the following:
(a) Indicate all current symptoms associated with the Veteran’s service-connected left femur disability and address their severity, and attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during any flare-ups.
(b) Test and report the ROM in active motion, passive motion, weight-bearing, and nonweight-bearing for *both* extremities.  If the examiner is unable to conduct the required testing or concludes that the required testing is not necessary in this case, s/he should clearly explain why that is so.  If an opinion cannot be given without resorting to mere speculation, the VA examiner should state so and further provide a reason for such conclusion.
(c) In reporting the ROM findings, comment on the extent of any painful motion, at which measurement the pain begins, functional loss due to pain, weakness, excess fatigability, and additional disability during flare-ups or upon repetitive-use testing.
(d) Provide information concerning the functional impairment resulting from the service-connected left femur disability that may impact the Veteran’s ability to function and perform tasks in a work or work-like setting.
2. Thereafter, readjudicate the claim on appeal.

 
S. B. MAYS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Jane R. Lee