Citation Nr: 18143168 Decision Date: 10/18/18 Archive Date: 10/18/18 DOCKET NO. 14-41 751 DATE: October 18, 2018 REMANDED Entitlement to an evaluation in excess of 10 percent for lumbar spine strain is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Army from October 2007 to October 2010. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2014 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Salt Lake City, Utah. Jurisdiction of the case is now before the RO in Seattle, Washington. The Veteran testified before the undersigned Veterans Law Judge at a May 2018 Travel Board hearing. A transcript of this hearing is of record. 1. Entitlement to an evaluation in excess of 10 percent for lumbar spine strain is remanded. The Veteran’s last VA examination for his service-connected lumbar spine strain was in May 2016. At his May 2018 Board hearing, the Veteran testified that since his last VA examination, his back had worsened. In particular, he reported having symptoms of radiating pain through his legs and constant flare-ups of pain. VA is required to afford the Veteran a contemporaneous VA examination to assess the current nature, extent, and severity of his service-connected disabilities. See Palczewski v. Nicholson, 21 Vet. App. 174, 181 (2007); Snuffer v. Gober, 10 Vet. App. 400, 403 (1997); see also 38 C.F.R. § 3.326(a). As the evidence suggests that the Veteran’s lumbar spine strain may have worsened since his last VA examination, a remand is required to determine the current severity of his service-connected disability. Further, at his May 2018 Board hearing, the Veteran indicated that he had received treatment from at least three private chiropractors, including Dr. M.G. In June 2018, the Veteran submitted private treatment records reflecting chiropractic treatment from multiple physicians; however, none of the records were from Dr. M.G. Given the Veteran’s specific identification of Dr. M.G. as one of his private chiropractors, the Board finds that on remand, the Veteran should be provided another opportunity to submit any additional private treatment records, including records from Dr. M.G. The matter is REMANDED for the following actions: 1. Obtain all the outstanding treatment records for the Veteran’s lumbar spine strain, including any private treatment records from Dr. M.G. 2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected lumbar spine strain. To the extent possible, the examiner should provide current findings regarding all symptoms associated with the service-connected lumbar spine strain and should opine as to its severity. The examiner should also state whether the examination is taking place during a period of flare-up. If not, the examiner should ask the Veteran to describe the flare-ups he experiences, including: frequency, duration, characteristics, precipitating and alleviating factors, severity and/or extent of functional impairment he experiences during a flare-up of his lumbar spine symptoms and/or after repeated use over time. Based on the Veteran's lay statements and the other evidence of record, the examiner should provide an opinion estimating any additional degrees of limited motion caused by functional loss during a flare-up or after repeated use over time. If it is not possible to provide a specific measurement, or an opinion regarding flare-ups, symptoms, or functional impairment without speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner (does not have the knowledge or training). Continued on the next page.   The examiner should comment on the extent of any functional impairment caused by the Veteran’s service-connected lumbar spine strain, to include in an occupational setting and in performing ordinary, daily activities. All findings should be fully documented in the examination report. JOHN Z. JONES Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Journet Shaw