Citation Nr: 18146272 Decision Date: 10/31/18 Archive Date: 10/30/18 DOCKET NO. 16-34 805 DATE: October 31, 2018 REMANDED Entitlement to a compensable rating for bilateral plantar fasciitis is remanded. Entitlement to a rating in excess of 20 percent for degenerative disc disease (DDD) of the lumbar spine is remanded. Entitlement to a compensable rating for left forearm and hand ulnar neuropathy is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Air Force from July 1987 to July 2007. 1. Entitlement to a compensable rating for bilateral plantar fasciitis is remanded. In a January 2017 statement, the Veteran stated that he experienced constant pain in his feet. He stated that he had pain when he walked and he was unable to walk for more than a few blocks without stopping. He stated that he was unable to walk up or down stairs without experiencing excruciating pain and frequent stopping to relieve pain. At the March 2015 VA examination, the examiner observed that the Veteran did not experience pain in the feet. The Veteran last underwent a VA examination for the bilateral feet in 2015. As it has been over three years since the Veteran has been provided with a VA examination concerning his bilateral plantar fasciitis, and there is an indication of worsening symptomatology, a remand is warranted to ensure that the record contains evidence of the current severity of the Veteran’s service-connected bilateral plantar fasciitis. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159; Green v. Derwinski, 1 Vet. App. 121 (1991); Caffrey v. Brown, 6 Vet. App. 377 (1994). 2. Entitlement to a rating in excess of 20 percent for DDD of the lumbar spine is remanded. In a January 2017 statement, the Veteran stated that from December 2016 to January 2017 he has had multiple medical procedures to relieve pain in his low back and increase mobility, that have not been successful. Further, the Veteran stated that he was in constant pain, is limited in his ability to walk, stand, sit, and lie down. He stated that the pain has limited his range of motion and mobility. He also stated that he has exhausted his sick leave from work. The Veteran last underwent a VA examination for his DDD of the lumbar spine in 2015. As it has been over three years since the Veteran has been provided with a VA examination, and there is an indication of worsening symptomatology, a remand is warranted to ensure that the record contains evidence of the current severity of the Veteran’s service-connected DDD of the lumbar spine. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159; Green v. Derwinski, 1 Vet. App. 121 (1991); Caffrey v. Brown, 6 Vet. App. 377 (1994). Further, subsequent to the March 2015 VA examination, the United States Court of Appeals for Veterans Claims (Court), in Correia v. McDonald, 28 Vet. App. 158 (2016), held that the final sentence of 38 C.F.R. § 4.59 requires that VA examinations include joint testing for pain on both active and passive motion, in weightbearing and non-weightbearing and, if possible, with range of motion measurements of the opposite undamaged joint. Thus, the Court’s holding in Correia establishes additional requirements that must be met prior to finding that a VA examination is adequate. A review of the claims file reveals that the March 2015 VA examination reported included range of motion testing, but did not include active and passive motion or weight-bearing and non-weightbearing. As the previous examination reports do not fully satisfy the requirements of Correia and 38 C.F.R. § 4.59, a new examination is necessary to decide the claim. Finally, the Veteran, through his attorney, has argued that he is entitled to an extraschedular rating for his DDD of the lumbar spine due to pain, medical procedures, and the inability to work in the office. See December 2016 Brief. The Veteran stated that he has been permitted to work from home, but does not know if this accommodation will continue, and stated that he has exhausted all his available leave. See January 2017 Third Party Correspondence. The Board acknowledges the Veteran’s contention but notes that a determination as to whether an extraschedular rating is appropriate in this instance would be premature, as the underlying claim for increase is being remanded. The Board will thus defer consideration of the Veteran’s claim regarding an extraschedular evaluation of his DDD of the lumbar spine until the development requested in this Remand has been completed. 3. Entitlement to a compensable rating for left forearm and hand ulnar neuropathy is remanded. In the January 2017 statement, the Veteran stated that he experienced neuropathy from the left elbow down through the forearm and into his left pinky and left thumb. He stated that he had electric shock type pain from his elbow down through his fingers. He stated that during a flare-up it was difficult for him to use his left arm, including holding items, typing, or other tasks that required use of the fingers. Also, he stated that he underwent surgery in the left wrist related to a pinched nerve in 2015. On the March 2015 VA examination, the examiner indicated that the Veteran no longer experienced symptoms of the ulnar neuropathy in the fingers of the left hand. As the Veteran last underwent a VA examination for this disorder in 2015, and it has been over three years since the Veteran was provided with a VA examination, and there is an indication of worsening symptomatology, a remand is warranted to ensure that the record contains evidence of the current severity of the Veteran’s service-connected left forearm ulnar neuropathy. The matters are REMANDED for the following action: 1. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected bilateral plantar fasciitis. 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 bilateral plantar fasciitis alone and discuss the effect of the Veteran’s bilateral plantar fasciitis 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). 2. Schedule the Veteran for an examination of the current severity of his DDD of the lumbar spine. 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 and functional impairments due to DDD of the lumbar spine alone and discuss the effect of the Veteran’s DDD of the lumbar spine 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). 3. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected left forearm and hand ulnar neuropathy. 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 left forearm and hand ulnar neuropathy alone and discuss the effect of the Veteran’s left forearm ulnar neuropathy 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). CAROLINE B. FLEMING Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD M. Thompson, Associate Counsel