Citation Nr: 18147953 Decision Date: 11/06/18 Archive Date: 11/06/18 DOCKET NO. 10-49 551 DATE: November 6, 2018 REMANDED The issue of entitlement to an initial disability rating in excess of 10 percent prior to August 23, 2011 for degenerative joint disease and degenerative disc disease of the cervical spine (cervical spine disability) is remanded. The issue of entitlement to an initial, compensable disability rating prior to August 23, 2011 for degenerative disc disease of the lumbar spine with spondylolisthesis and lumbar strain (lumbar spine disability) is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1970 to June 1973, during the Vietnam Era, and from October 1982 to January 2000. In February 2017, the Board issued a decision denying the Veteran’s claims for an initial, compensable disability rating for the lumbar spine disability prior to August 23, 2011 and an initial disability rating in excess of 10 percent for the cervical spine disability prior to August 23, 2011. He appealed that decision to the United States Court of Appeals for Veterans’ Claims (Court). By a May 2018 Memorandum Decision, the Court vacated the Board’s February 2017 decision and remanded the matter for further action consistent with its decision. 1. The issues of entitlement to an initial disability rating in excess of 10 percent prior to August 23, 2011 for the cervical spine disability; and an initial, compensable disability rating prior to August 23, 2011 for the lumbar spine disability are remanded. In February 2016, the Board remanded these claims for an addendum VA medical opinion to supplement the VA examiners’ findings in the August and December 2009 examinations. An addendum medical opinion was obtained in October 2016. A review of the October 2016 VA Medical Opinion reveals it is not fully complaint with the Board’s February 2016 remand directives. See Stegall v. West, 11 Vet. App. 268, 271 (1998); D’Aries v. Peake, 22 Vet. App. 97, 105 (2008). As such, a remand is necessary for another addendum medical opinion. The matters are REMANDED for the following action: 1. Obtain an addendum medical opinion addressing the severity of the Veteran’s cervical and lumbar spine disabilities prior to August 23, 2011. After reviewing the claims file, the examiner should: (a.) Describe the severity of the Veteran’s cervical spine disability prior to August 23, 2011. In doing so, the VA examiner should address the findings of the August and December 2009 VA examiners, to include the effect(s) of pain with motion, when pain began with range of motion (ROM) testing and whether the pain remained throughout the motions tested. If unable to provide a response or an opinion cannot be rendered without resorting to mere speculation, the examiner should state the same and explain why. In doing so, the VA examiner should address the Veteran’s report of flare-ups during the December 2009 examination, to include any additional limitation of motion or function he experienced during a flare-up episode. If possible, provide an estimate, in degrees, of the limitation of motion or function during a flare-up episode. If unable to provide an estimate or an opinion cannot be rendered without resorting to mere speculation, the examiner should state the same and explain why. In doing so, the VA examiner should also address the functional impairment caused by the Veteran’s cervical spine disability on his ability to work, to include performing physical and sedentary tasks. (b.) Describe the severity of the Veteran’s lumbar spine disability prior to August 23, 2011. In doing so, the VA examiner should address the findings of the August and December 2009 VA examiners, to include the effect(s) of pain with motion, when pain began with ROM testing and whether the pain remained throughout the motions tested. If unable to provide a response or an opinion cannot be rendered without resorting to mere speculation, the examiner should state the same and explain why. In doing so, the VA examiner should address the Veteran’s report of flare-ups during the December 2009 examination, to include any additional limitation of motion or function he experienced during a flare-up episode. If possible, provide an estimate, in degrees, of the limitation of motion or function during a flare-up episode. If unable to provide an estimate or an opinion cannot be rendered without resorting to mere speculation, the examiner should state the same and explain why. In doing so, the VA examiner should also address the functional impairment caused by the Veteran’s lumbar spine disability on his ability to work, to include performing physical and sedentary tasks. 2. Once the above request has been completed, to the extent possible, readjudicate the appeal. L. M. BARNARD Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD G. Suh, Associate Counsel