Citation Nr: 18150147
Decision Date: 11/14/18	Archive Date: 11/14/18

DOCKET NO. 17-67 163
DATE:	November 14, 2018
REMANDED
Entitlement to an initial rating higher than 10 percent for a strain of the thoracic spine is remanded.
REASONS FOR REMAND
The Veteran served on active duty from January 2013 to January 2017.
This appeal arose to the Board of Veterans’ Appeals (Board) from a February 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).
1. Entitlement to an initial rating in excess of 10 percent for a strain of the thoracic spine is remanded.
The August 2017 VA examination does not provide an estimate of additional loss of range of motion during flare ups, or explain why such an estimate could not be provided based on the available information.  See Sharp v. Shulkin, 29 Vet. App. 26, 34-36 (2017).  Accordingly, a new examination is warranted.
The matter is REMANDED for the following action:
Arrange for an examination of the Veteran to assess the severity of his thoracic spine disability. 
All pertinent findings attributable to the service-connected thoracic spine disability should be recorded.
The examiner must test for pain on both active and passive range of motion, in weightbearing and nonweight-bearing, to the extent possible.  If one or more of these tests is not possible or deemed unnecessary by the examiner, an explanation must be provided.  
If the Veteran states that he has flare ups, the examiner must elicit as much information as possible from the Veteran as to the severity, frequency, and duration of flare ups, their effect on functioning, and precipitating and alleviating factors. Further, if the examination is not performed during a flare up, the examiner must provide an estimate of additional loss of range of motion during a flare up. If the examiner is unable to provide such an estimate, the examiner must explain why the available information, including the Veteran’s own statements, is not sufficient for that purpose.  
 
J. Rutkin
Acting Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	C. Ryan, Associate Counsel