Citation Nr: 18144175
Decision Date: 10/24/18	Archive Date: 10/23/18

DOCKET NO. 15-06 754
DATE:	October 24, 2018
REMANDED
Entitlement to a rating in excess of 10 percent for lumbar spine, degenerative disc disease (DDD), with right lower extremity sciatica is remanded.
REASONS FOR REMAND
The Veteran served on active duty from June 2000 to July 2008.
This matter is before the Board of Veterans’ Appeals (Board) on appeal from a March 2013 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).
1. Entitlement to a rating in excess of 10 percent for lumbar spine, DDD, with right lower extremity sciatica is remanded.
In reviewing the adequacy of the existing VA examination reports, certain range of motion testing must be conducted whenever possible in cases of joint disabilities. 38 C.F.R. § 4.59; Correia v. McDonald, 28 Vet. App. 158 (2016). “[T]he joints involved should be tested for pain on both active and passive motion, in weight-bearing and non-weight-bearing and, if possible, with the range of the opposite undamaged joint” Correia, 28 Vet. App. 158. The February 2010, March 2013, and January 2015 VA examinations of the Veteran’s lumbar spine do not comply with Correia. An additional relevant opinion pertaining to flare-ups was also issued by the Court in Sharp v. Shulkin, 29 Vet. App. 26 (2017). As such, a remand is necessary to afford the Veteran another VA examination.
The matter is REMANDED for the following action:
1. Provide the Veteran another opportunity to identify any pertinent treatment records. The RO should secure any necessary authorizations. If any requested outstanding records cannot be obtained, the Veteran should be notified of such.
2. Schedule a new examination to evaluate the severity of the service connected DDD of the Veteran’s lumbar spine. The claims folder must be made available to and reviewed by the examiner. The examiner should note in the examination report that the claims folder has been reviewed. All indicated studies, including x-rays should be performed.
In reporting the results of range of motion testing, the examiner should identify any objective evidence of pain, and the degree at which pain begins.
The examiner should record the results of range of motion testing for pain on active motion, passive motion, weight-bearing, and non-weight-bearing in light of Correia. If the examiner is unable to conduct the required testing or concludes that the required testing is not necessary in this case, he or she should clearly explain why that is so.
The examiner should also express an opinion concerning whether there would be additional functional impairment on repeated use or during flare-ups assessed in terms of the degree of additional range of motion loss. In regard to flare-ups (pursuant to Sharp v. Shulkin), if the Veteran is not currently experiencing a flare-up, based on relevant information elicited from the Veteran, review of the file, and the current examination results regarding the frequency, duration, characteristics, severity, and functional loss regarding his flares, the examiner is requested to provide an estimate of the Veteran’s functional loss due to flares expressed in terms of the degree of additional range of motion lost, or explain why the examiner cannot do so. [The Board recognizes the difficulty in making such determinations but requests that the examiner provide his or her best estimate based on the examination findings and statements of the Veteran.]
The examiner should also note whether the Veteran’s DDD of his lumbar spine results in incapacitating episodes, and indicate the total duration of any episodes. 

 
TANYA SMITH
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	K. Ruiz, Associate Counsel