Citation Nr: 18145375
Decision Date: 10/26/18	Archive Date: 10/26/18

DOCKET NO. 15-01 122
DATE:	October 26, 2018
REMANDED
Entitlement to an increased rating for service connected lumbar spine myofascial pain syndrome, L2-3 radiculopathy, currently rated as 20 percent disabling is remanded.
REASONS FOR REMAND
The Veteran served from June 1965 to January 1993. 
1. Entitlement to an increased rating for service connected lumbar spine myofascial pain syndrome, L2-3 radiculopathy, currently rated as 20 percent disabling is remanded.
The Veteran is seeking an increased rating for his service connected lumbar spine disability.  In his December 2014 Form 9, he contends that he was scheduled for surgery by the VA to relieve some of his back pain.  
As the Veteran has reported potential VA treatment, the records of which have yet to be obtained by the agency of original jurisdiction, a remand of this issue is warranted in order for such records to be obtained.  
Additionally, if the records regarding surgery on the Veteran’s lumbar spine are obtained, the Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of his lumbar spine disability.  VAOPGCPREC 11-95 (April 7, 1995); see also Snuffer v. Gober, 10 Vet. App. 400, 402-403 (1997); Caffrey v. Brown, 6 Vet. App. 377, 381 (1994).
The matter is REMANDED for the following action:
1. Obtain the Veteran’s VA treatment records for the period from November 2014 to the present.  
2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected lumbar spine disorder.  The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria.  The examiner must attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups.  To the extent possible, the examiner should identify any symptoms and functional impairments due to the Veteran’s lumbar spine disability alone and discuss the effect of the Veteran’s lumbar spine disability on any occupational functioning and activities of daily living.  
 
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).
 
B.T. KNOPE
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	E. Vample, Associate Counsel