Citation Nr: 18145821
Decision Date: 10/30/18	Archive Date: 10/30/18

DOCKET NO. 15-06 187
DATE:	October 30, 2018
REMANDED
Entitlement to a rating in excess of 20 percent for a low back disability is remanded.
REASONS FOR REMAND
The Veteran served on active duty from June 1978 to August 1981.
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2011 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida.  
In July 2018, the Veteran participated in a hearing before the undersigned Veterans Law Judge.  A hearing transcript is of record.
Entitlement to a rating in excess of 20 percent for a low back disability is remanded.
The Veteran contends that she is entitled to a higher rating for a back disability.  During the July April 2018 hearing before the Board, the Veteran testified that her back disability had significantly worsened.  More specifically, the Veteran testified that she had trouble with daily tasks and experienced problems sleeping as a result of the low back disability.  The Veteran has not had a VA examination since January 2014.  As a result, a new examination is needed to ascertain the current severity of the Veteran’s back disability.
The matter is REMANDED for the following action:
1. Secure all outstanding VA medical records.  If any records cannot be located, specifically document the attempts that were made to locate them, and explain in writing why further attempts to locate or obtain any government records would be futile.  If records are unable to be obtained (a) notify the claimant of the specific records that VA is unable to obtain; (b) explain the efforts VA has made to obtain that evidence; and (c) describe any further action it will take with respect to the claim.  The claimant must then be given an opportunity to respond.
2. Schedule the Veteran for a VA spine examination which addresses the current nature and severity of a back disability.  The examiner must review the claims file and should note that review in the report.  All indicated tests and studies should be accomplished and the findings reported in detail.  The examiner should provide active and passive ranges of lower back motion, and ranges of motion for weight-bearing and non weight-bearing.  The examiner should state whether any ankylosis of the spine is found.  The examiner should state whether there is any additional loss of function due to painful motion, excess motion, fatigability, incoordination, weakened motion, or on flare up.  The examiner should also state whether there are incapacitating episodes of intervertebral disc syndrome, which is defined as periods of acute signs and symptoms of intervertebral disc syndrome requiring treatment by a physician and bed rest prescribed by a physician.  If so, the examiner should state the duration of incapacitating episodes in a 12 month period.  A rationale for all opinions should be provided.
 
Harvey P. Roberts
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	K. D. Cross, Associate Counsel