Citation Nr: 18147936
Decision Date: 11/06/18	Archive Date: 11/06/18

DOCKET NO. 16-44 950
DATE:	November 6, 2018
REMANDED
The claim for entitlement to an increased rating for degenerative joint disease of the right hip, currently rated as noncompensable, is remanded.
The claim for entitlement to an increased rating for impairment of flexion of the right thigh with degenerative arthritis of the right hip, currently rated as noncompensable, is remanded.
The claim for entitlement to an increased rating for impairment of the right thigh with degenerative arthritis of the right hip, currently rated as 10 percent disabling, is remanded.
REASONS FOR REMAND
The Veteran had active service in the United States Army from September 1973 to September 1995.
This matter comes before the Board of Veterans’ Appeals (Board) from an April 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Decatur, Georgia.
The claims for entitlement to increased ratings for service-connected right thigh and right hip disabilities are remanded.
The Veteran was last examined for his service-connected right thigh and right hip disabilities in March 2016.  In his September 2016 substantive appeal, the Veteran indicated the conditions had worsened and that he may require a hip replacement.  As the Veteran indicates a worsening since then and the Board finds that the VA examination is too remote to adequately assess the severity of his right thigh and right hip, a remand is warranted to afford the Veteran an examination to ascertain the current level of severity of each of these disabilities.
The matters are REMANDED for the following action:
1. Associate with the claims folder all outstanding VA treatment records since February 2017.
2. Schedule the Veteran for a VA examination to determine the severity of his service-connected right hip and right thigh disabilities (currently rated under three separate rating codes).  The Veteran’s electronic claims file must be made available for review. 
To comply with Sharp v. Shulkin, 29 Vet. App. 26, 33 (2017), the examiner is asked to describe whether pain, weakness, fatigue and/or incoordination significantly limits functional ability during flares or repetitive use, and if so, the examiner must estimate range of motion during flares or repetitive use.  If the examination does not take place during a flare, the examiner should have the Veteran describe and/or demonstrate the extent of motion loss during flares or repetitive use and provide the extent of motion loss described in terms of degrees.  If there is no pain and/or no limitation of function, such facts must be noted in the report.  The examiner should comment as to whether there is any medical reason to accept or reject the Veteran’s description of reduced range of motion during flares or repetitive use.
Also, to comply with the Court’s decision in Correia, the VA examination must include range of motion testing in the following areas:
•	Active motion;
•	Passive motion;
•	Weight-bearing; and
•	Nonweight-bearing.
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 VA examiner should provide a complete rationale for any opinions provided.






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3. Readjudicate the appeal after any necessary development is complete.  If any benefit sought on appeal remains denied, the Veteran and his representative should be furnished with a supplemental statement of the case and be given the opportunity to respond.
 
T. MAINELLI
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	N. Rasool