Citation Nr: 18146246 Decision Date: 10/31/18 Archive Date: 10/30/18 DOCKET NO. 12-18 947 DATE: October 31, 2018 REMANDED Entitlement to a rating in excess of 20 percent for chronic right hip strain is remanded. Entitlement to a rating in excess of 20 percent for chronic left hip strain is remanded. Entitlement to a rating in excess of 20 percent for right knee degenerative osteoarthritis with right knee strain is remanded. Entitlement to a rating in excess of 20 percent for left knee degenerative osteoarthritis with left knee strain is remanded. Entitlement to an initial rating in excess of 10 percent for right knee subluxation is remanded. Entitlement to an initial rating in excess of 10 percent for left knee subluxation is remanded. Entitlement to a rating in excess of 40 percent for chronic lumbar strain is remanded. Entitlement to separate ratings for objective neurologic abnormalities associated with the service-connected chronic lumbar strain is remanded. Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded.   REASONS FOR REMAND 1. Entitlement to a rating in excess of 20 percent for chronic right hip strain is remanded. 2. Entitlement to a rating in excess of 20 percent for chronic left hip strain is remanded. 3. Entitlement to a rating in excess of 20 percent for right knee degenerative osteoarthritis with right knee strain is remanded. 4. Entitlement to a rating in excess of 20 percent for left knee degenerative osteoarthritis with left knee strain is remanded. 5. Entitlement to an initial rating in excess of 10 percent for right knee subluxation is remanded. 6. Entitlement to an initial rating in excess of 10 percent for left knee subluxation is remanded. 7. Entitlement to a rating in excess of 40 percent for chronic lumbar strain is remanded. Issues 1-7 are remanded for a new VA examination. While the record contains contemporaneous VA examinations regarding the Veteran’s disability, the examinations do not comply with the requirements in Sharp v. Shulkin, 29 Vet. App. 26, 34-36 (2017). The examiners did not attempt to elicit relevant information regarding the description of the Veteran’s flare-ups and any additional functional loss suffered during flare-ups. 8. Entitlement to separate ratings for objective neurologic abnormalities associated with the service-connected chronic lumbar strain is remanded. 9. Entitlement to a TDIU rating is remanded. The Veteran’s post-service VA treatment records show diagnoses of lower back strain with mild intermittent radiculitis right lower extremity as early as February 2009, and erectile dysfunction as early as February 2016, with continued diagnoses of such disabilities thereafter. The Veteran was most recently afforded a VA examination in March 2018 regarding his service-connected chronic lumbar strain and associated objective neurologic abnormalities. Notably, the examiner failed to address these diagnoses in the examination report, and whether such disabilities were currently present in light of the post-service evidence. Accordingly, the Veteran should be afforded a new VA examination to determine the nature and etiology of any objective neurologic abnormalities associated with the service-connected chronic lumbar strain. Additionally, because the Veteran’s TDIU claim is inextricably intertwined with the claims remaining on appeal, appellate consideration of entitlement to a TDIU rating is deferred pending resolution of the remaining claims on appeal. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991); see also Tyrues v. Shinseki, 23 Vet. App. 166, 177 (2009) (en banc) (explaining that claims are inextricably intertwined where the adjudication of one claim could have a significant impact on the adjudication of another claim). Outstanding treatment records should also be secured. The matters are REMANDED for the following action: 1. Obtain any outstanding VA treatment records. 2. Schedule the Veteran for an examination of the current severity of his disabilities. The examiner must test the Veteran’s active motion, passive motion, and pain with weight-bearing and without weight-bearing. The examiner must also 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, including neurologic impairments of his service-connected disabilities, especially the lumbar spine. The examiner should also identify all functional impairments due to the disability alone and discuss the effect of the Veteran’s 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). Regarding neurologic impairments of the lumbar spine, the examiner is specifically asked to address and consider post-service VA treatment records that reflect continuous diagnoses of mild intermittent radiculitis right lower extremity since February 2009, and diagnoses of erectile dysfunction since February 2016. If such disabilities are not diagnosed, the examiner should explain why. C. BOSELY Acting Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. Marley, Counsel