Citation Nr: 18149760 Decision Date: 11/13/18 Archive Date: 11/13/18 DOCKET NO. 18-13 116 DATE: November 13, 2018 REMANDED 1. A rating in excess of 10 percent for right hip strain with bursitis and impairment of the thigh is remanded. 2. A rating in excess of 10 percent for left hip strain with bursitis and impairment of the thigh is remanded. 3. A compensable rating for right hip strain with bursitis and limitation of extension is remanded. 4. A compensable rating for left hip strain with bursitis and limitation of extension is remanded. 5. A compensable rating for right hip strain with bursitis and limitation of flexion is remanded. 6. A compensable rating left hip strain with bursitis and limitation of extension is remanded.   REASONS FOR REMAND The Veteran served on active duty from September 1999 to December 1999. The case is on appeal from a September 2016 rating decision. 1. Entitlement to a rating in excess of 10 percent for right hip strain with bursitis and impairment of the thigh 2. Entitlement to a rating in excess of 10 percent for left hip strain with bursitis and impairment of the thigh 3. Entitlement to a compensable rating for right hip strain with bursitis and limitation of extension 4. Entitlement to a compensable rating for left hip strain with bursitis and limitation of extension 5. Entitlement to a compensable rating for right hip strain with bursitis and limitation of flexion 6. Entitlement to a compensable rating left hip strain with bursitis and limitation of extension The Veteran is seeking higher ratings for her service-connected bilateral hip disabilities. She underwent VA examination concerning these issues in January 2018. Unfortunately, another examination is necessary to properly evaluate the severity of these disabilities. In this regard, the examiner noted the presence of pain on motion but did not report the degrees at which painful motion began. In addition, the examiner did not provide findings in accordance with Correia v. McDonald, 28 Vet. App. 158, 170 (2016), which requires that VA examinations include joint testing for pain on both active and passive motion and in weight-bearing and nonweight-bearing (although the examiner did note there was abnormal weight-bearing). Further, the examiner did not properly explain why such findings could not be provided. In addition, updated VA treatment records should be associated with the file on remand. The claims are REMANDED for the following actions: 1. Obtain complete VA treatment records from December 2017. 2. After completing the records development indicated above, the Veteran should be afforded an appropriate VA examination to determine the current nature and severity of her service-connected right and left hip disabilities. All indicated tests and studies should be undertaken. The record, including a complete copy of this remand, must be made available for review in connection with the examination. (a.) The examiner should identify the current nature and severity of all manifestations of the Veteran’s right hip and left hip disabilities. (b.) The examiner should record the range of motion of the right and left hips observed on clinical evaluation in terms of degrees for all planes. If there is evidence of pain on motion, the examiner should indicate the degree of range of motion at which such pain begins, and whether such pain on movement, as well as weakness, excess fatigability, or incoordination, results in any loss of range of motion. The examiner should record the results of range of motion testing for pain on both active and passive motion, and on 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. (c.) The examiner is also requested to review the January 2018 examination report containing range of motion findings pertinent to the Veteran’s right and left hip disabilities. In this regard, the examiner is requested to offer an opinion as to the range of motion findings for pain on both active and passive motion, and on weight-bearing and nonweight-bearing. If the examiner is unable to do so, he or she should explain why. (d.) It is also imperative that the examiner comment on the functional limitations caused by flare-ups and repetitive use. In this regard, the examiner should indicate whether, and to what extent, the Veteran’s range of motion is additionally limited during flare-ups or on repetitive use, expressed, if possible, in terms of degrees, or explain why such details cannot be feasibly provided. (e.) If the Veteran endorses experiencing flare-ups of her right or left hip, but the examination is not being conducted during a flare-up, the examiner must obtain information regarding the frequency, duration, characteristics, severity, and/or functional loss related to such flare-ups. Then, the examiner should provide an opinion based on estimates derived from the information above as to the additional loss of range of motion that may be present during a flare-up. If the examiner cannot provide an opinion as to additional loss of motion during a flare-up without resorting to mere speculation, the examiner must make clear that s/he has considered all procurable data (i.e., the information regarding frequency, duration, characteristics, severity, and/or functional loss related to such flare-ups elicited from the Veteran), but any member of the medical community at large could not provide such an opinion without resorting to speculation. (f.) The examiner should review the January 2018 examination and provide an opinion, based on estimates derived from the information as documented in such reports, to the additional loss of range of motion that may be present during a flare-up. If the examiner cannot provide an opinion as to additional loss of motion during a flare-up without resorting to mere speculation, the examiner must make clear that s/he has considered all procurable data (i.e., the information regarding frequency, duration, characteristics, severity, and/or functional loss related to such flare-ups elicited from the Veteran), but any member of the medical community at large could not provide such an opinion without resorting to speculation. (g.) The examiner should also comment upon the functional impairment resulting from the Veteran’s right and left hip disabilities.   A rationale for all opinions offered should be provided. MICHELLE CELLI Acting Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD D. Jimerfield, Associate Counsel