Citation Nr: 18147120
Decision Date: 11/02/18	Archive Date: 11/02/18

DOCKET NO. 10-38 666
DATE:	November 2, 2018
REMANDED
Entitlement to a rating in excess of 20 percent for service-connected lumbar spine degenerative arthritis is remanded.
Entitlement to an initial rating in excess of 10 percent for service-connected radiculopathy of the left lower extremity is remanded.
REASONS FOR REMAND
The Veteran served on active duty from July 2000 to July 2004.
In May 2018, the Veteran testified at a Board video-hearing before the undersigned.  A transcript is of record.
Upon review of the record, the Board finds that the issues must be remanded.  The Board sincerely regrets the additional delay caused by this remand, but wishes to assure the Veteran that it is necessary for a full and fair adjudication of his claims.
1. Entitlement to a rating in excess of 20 percent for service-connected lumbar spine degenerative arthritis is remanded.
2. Entitlement to a rating in excess of 10 percent for service-connected radiculopathy of the left lower extremity is remanded.
The Board finds that new examinations are warranted for the Veteran’s claims. The Veteran’s last examinations of record were in November 2014.  During his May 2018 hearing, the Veteran indicated that his conditions had worsened.  Given the evidence of possible increased symptomatology since the Veteran’s last VA examinations, the Board finds that new VA examinations are warranted to ascertain the current severity of the Veteran’s service-connected lumbar spine degenerative arthritis and radiculopathy of the left lower extremity.  See Caffrey v. Brown, 6 Vet. App. 377, 381 (1994) (an examination too remote for rating purposes cannot be considered “contemporaneous”).
The matters are REMANDED for the following action:
1. Assist the Veteran in associating with the claims folder updated treatment records.
2. After any additional records are associated with the claims file, schedule the Veteran for a VA examination to ascertain the current severity and manifestations of the Veteran’s service-connected lumbar condition. 
The claims file should be made available to the examiner for review in connection with the examination. 
The examiner should provide findings as to the range of motion of the lumbar spine, including flexion and extension.  Additionally, the examiner must include range of motion testing in the following areas:
• Active motion;
• Passive motion;
• Weight-bearing; and
• Nonweight-bearing.
The examiner should indicate whether range of motion is additionally limited due to such factors as pain on motion, weakened movement, excess fatigability, diminished endurance, or incoordination.  In doing so, the examiner should offer an opinion as to whether pain could significantly limit functional ability during flare-ups or when the lumber spine is used repeatedly over a period of time.  IF THE EXAMINATION DOES NOT TAKE PLACE DURING A FLARE, THE EXAMINER MUST GLEAN INFORMATION REGARDING THE FLARES’ SEVERITY, FREQUENCY, DURATION, AND FUNCTIONAL LOSS MANIFESTATIONS FROM THE VETERAN, MEDICAL RECORDS, AND OTHER AVAILABLE SOURCES.  EFFORTS TO OBTAIN SUCH INFORMATION MUST BE DOCUMENTED.  Such determinations should, if feasible, be portrayed in terms of the degree of additional range-of-motion loss due to pain on use or during flare-ups.  
The examiner should specifically indicate whether, and at what point during, the range of motion the Veteran experienced any limitation of motion that was specifically attributable to pain. 
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 comment on the impact of the Veteran’s lumbar spine on his ability to work. 
The examiner must provide a complete rationale for all the findings and opinions.
3. Schedule the Veteran for an examination to ascertain the current severity of his radiculopathy of the left lower extremity.  All indicated evaluations, studies, and tests deemed necessary by the examiner should be accomplished.  The entire claims file, should be made available to the examiner designated to provide an opinion.  The examiner must address all symptoms and functional impairments that result from the Veteran’s radiculopathy of the left lower extremity.
 
A. S. CARACCIOLO
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	R. Gandhi, Associate Counsel