Citation Nr: 18149544 Decision Date: 11/09/18 Archive Date: 11/09/18 DOCKET NO. 16-41 013 DATE: November 9, 2018 REMANDED Entitlement to a rating in excess of 40 percent disabling for service-connected lumbar spine strain is remanded. Entitlement to a rating in excess of 30 percent disabling for service-connected cervical spine strain with anterior osteophyte degenerative changes is remanded. Entitlement to a rating in excess of 30 percent disabling for service-connected adjustment disorder with anxiety, depression and chronic sleep impairment is remanded. Entitlement to a rating in excess of 20 percent disabling for service-connected hemorrhoids is remanded. Entitlement to a rating in excess of 10 percent disabling for service-connected gastroesophageal reflux disease (GERD) is remanded. Entitlement to a rating in excess of 10 percent disabling for service-connected right knee osteoarthritis is remanded. Entitlement to a rating in excess of 10 percent disabling for service-connected left knee osteoarthritis is remanded. Entitlement to a rating in excess of 20 percent disabling for service-connected right shoulder bicipital tendonesis, status post SLAP tear with Mumford procedure repair is remanded. Entitlement to a compensable rating for service-connected onychomycosis is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from October 1991 to June 1996. The Veteran also served on active duty in the United States Navy from September 1996 to January 2012. The Board notes that while the Veteran indicated that he disagreed with the effective date of his ratings assigned by the June 2014 rating decision, in his substantive appeal (via VA Form 9) submitted in August 2016, the Veteran specified that he disagreed with the ratings assigned. Therefore, the Board has characterized the issues as listed herein. In addition, during the pendency of the claims on appeal, the RO in an August 2016 rating decision, increased the Veteran’s rating to 20 percent disabling for his service-connected right shoulder bicipital tendonesis, status post SLAP tear with Mumford procedure repair. However, as such is not a total grant of the benefit sought, the issue is still on appeal. Finally, the Board notes that while the Veteran has sought to reopen his claims for service connection for headaches, a right hand disability, a left hand disability and hypertension, a September 2016 rating decision denied the claims. As the Veteran has not expressed a disagreement with such rating decision, his claims or petitions to reopen are not before the Board. Entitlement to a rating in excess of 40 percent disabling for service-connected lumbar spine strain, a rating in excess of 30 percent disabling for service-connected cervical spine strain with anterior osteophyte degenerative changes, a rating in excess of 30 percent disabling for service-connected adjustment disorder with anxiety, depression and chronic sleep impairment, a rating in excess of 20 percent disabling for service-connected hemorrhoids, a rating in excess of 10 percent disabling for service-connected GERD, a rating in excess of 10 percent disabling for service-connected right knee osteoarthritis, a rating in excess of 10 percent disabling for service-connected left knee osteoarthritis, a rating in excess of 20 percent disabling for service-connected right shoulder bicipital tendonesis, status post SLAP tear with Mumford procedure repair, and a compensable rating for service-connected onychomycosis are remanded. Relevant to the Veteran’s claims for increased ratings for his service-connected disabilities, the Court has held that, where the record does not adequately reveal the current state of claimant’s disabilities, fulfillment of the statutory duty to assist requires a contemporaneous medical examination, particularly if there is no additional medical evidence that adequately addresses the level of impairment of the disability since the last examination. Allday v. Brown, 7 Vet. App. 517, 526 (1995). The record reflects that the Veteran was most recently afforded VA examinations in May 2014. The Board finds that contemporaneous examinations are necessary as the Veteran has alleged significantly worsening symptoms since his last VA examinations. Specifically, the Veteran has alleged that his conditions are far worse than are represented by his current ratings. Therefore, the Board finds that a remand is required in order to determine the Veteran’s current level of impairment with regard to his service-connected disabilities. See Snuffer v. Gober, 10 Vet. App. 400 (1997); Caffrey v. Brown, 6 Vet. App. 377 (1994); VAOPGCPREC 11-95 (1995). In regard to the Veteran’s claims for increased ratings for his lumbar and cervical spine, his right and left knees, and his right shoulder disabilities, remand is also required so that range of motion testing can be conducted pursuant to a recent decision issued by the United States Court of Appeals for Veterans Claims (Court) in Correia v. McDonald, 28 Vet. App. 158 (2016). The new examinations should include specific findings regarding the Veteran’s range of motion in active motion, passive motion, weight-bearing, and nonweight-bearing. Regarding the Court’s further ruling that the Veteran’s “normal” joint should be tested for comparison to the service-connected joint, the Board notes that the Veteran is service-connected for disabilities of both knees, and his lumbar and cervical spine. As such, there is no “normal” paired joint that can be measured as a point of comparison in regards to those joints. However, the Veteran is not service-connected for and has not alleged a left shoulder disability, therefore such should be used as a point of comparison for his right shoulder. Due to the amount of time which will pass on remand, updated treatment records should be obtained and associated with the claims file. The matters are REMANDED for the following action: 1. Obtain updated treatment records and associate then with the record. 2. Schedule the Veteran for VA examinations with appropriate examiners to determine the current severity of his service-connected lumbar spine strain; cervical spine strain with anterior osteophyte degenerative changes; adjustment disorder with anxiety, depression and chronic sleep impairment; hemorrhoids; GERD; right knee osteoarthritis; left knee osteoarthritis; right shoulder bicipital tendonesis, status post SLAP tear with Mumford procedure repair; and onychomycosis. The examiner must also describe all symptoms, pathology, and resultant impairment associated with the Veteran’s service-connected disabilities, in sufficient detail to allow for application of the pertinent rating criteria. For the Veteran’s service-connected lumbar spine, cervical spine, right knee, left knee, and right shoulder disabilities, range of motion studies must be completed, and must include active and passive motion and weight-bearing and non-weight-bearing and, if possible, with range of motion measurements of the opposite, undamaged joint. The examiner should also note any further functional limitations due to pain, weakness, fatigue, incoordination, or any other such factors. A detailed explanation (rationale) is requested for all opinions provided. (By law, the Board is not permitted to rely on any conclusion that is not supported by a thorough explanation. Providing an opinion or conclusion without a thorough explanation will delay processing of the claim and may also result in a clarification being requested). L. M. BARNARD Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. Unger, Associate Counsel