Citation Nr: 18149132
Decision Date: 11/08/18	Archive Date: 11/08/18

DOCKET NO. 18-01 531
DATE:	November 8, 2018
REMANDED
The issue of entitlement to a disability rating in excess of 20 percent for lumbar spine degenerative disease with intervertebral disc syndrome (IVDS) is remanded.
The issue of entitlement to a disability rating in excess of 10 percent for degenerative joint disease of the left knee is remanded.
The issue of entitlement to a disability rating in excess of 10 percent for degenerative joint disease of the right knee is remanded.
The issue of entitlement to a disability rating in excess of 10 percent for left lower extremity peripheral neuropathy is remanded.
The issue of entitlement to a disability rating in excess of 10 percent for right lower extremity peripheral neuropathy is remanded.
The issue of entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.
REASONS FOR REMAND
The Veteran served on active duty from August 1982 to March 1987.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal of a July 2016 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).  
In December 2017, the Veteran asserted that the service-connected disabilities at issue in this appeal had worsened since the most recent VA examination conducted over 18 months ago in June 2016.  He should undergo additional VA examination, therefore.  See Snuffer v. Gober, 10 Vet. App. 400, 403 (1997).
Furthermore, the RO should readjudicate the claims on appeal.  Pertinent evidence has been included in the claims file by VA since issuance of the October 2017 Statement of the Case, and prior to the May 2018 certification of appeal.  The Veteran has not waived review of the evidence by the Agency of Original Jurisdiction.  See 38 C.F.R. §§ 19.31, 19.37, 20.1304 (2018). 
The matters are REMANDED for the following action:
1. Obtain and associate with the claims file any outstanding VA or private treatment records.
2. Schedule the Veteran for a VA examination to determine the current severity of the service-connected disabilities at issue here – lumbar spine degenerative disease with IVDS, bilateral lower extremity neuropathy, and bilateral knee arthritis.  The claims file and a copy of this remand must be provided to the examiner for review.  
The examination must comply with the requirements of 38 C.F.R. § 4.59 involving measurements of passive and active range of motion and measurements in weight-bearing and nonweight-bearing situations.    
The examiner should address whether there is any weakened movement, excess fatigability, incoordination, or pain on use.  If so, the examiner should note whether there are any additional degrees of loss of motion as a result (if it is not feasible to quantify, please explain).
If flare-ups are noted, the examiner should note whether pain during flare-ups additionally limits functional ability.  The examiner should note whether there are any additional degrees of loss of motion due to pain during flare-ups (if it is not feasible to quantify, please explain).
The examiner should also address the effect of these disorders on the Veteran’s occupational functioning consistent with his education, experience, and skills.
All opinions should be explained in detail.  

 
CHRISTOPHER MCENTEE
Acting Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	V. Woehlke, Associate Counsel