Citation Nr: 18150691
Decision Date: 11/15/18	Archive Date: 11/15/18

DOCKET NO. 10-08 243
DATE:	November 15, 2018
REMANDED
The claim for a rating in excess of 20 percent for degenerative joint and disc disease of the cervical spine is remanded. 
REASONS FOR REMAND
The November 2015 VA examination addressing the claim for an increased rating for a cervical spine disorder does not contain the range of motion findings required by Correia v. McDonald, 28 Vet. App 158 (2016) or the findings with respect to flare-ups required by Sharp v. Shulkin, 29 Vet. App. 26 (2017).  As such, a VA examination of the cervical spine to assess the current severity of the service connected cervical spine disability that contains the findings required by Correia and Sharp is necessary to fulfill the duty to assist.  Green v. Derwinski, 1 Vet. App. 121, 124 (1991) (VA has a duty to provide the Veteran with a thorough and contemporaneous medical examination); Barr v. Nicholson, 21 Vet. App. 303, 312 (2007) (when VA undertakes to provide a VA examination or obtain a VA opinion, it must ensure that the examination or opinion is adequate). 
For the reasons stated above, the claim for an increased rating for the service connected cervical spine disability is REMANDED to the Agency of Original Jurisdiction for the following action:
Arrange for a VA examination to determine the nature, severity, and extent of the current pathology associated with the service-connected cervical spine disability.  The electronic record should be made available to the examiner.  Range of motion testing in active motion, passive motion, weight-bearing, and non-weight-bearing should be accomplished.  If the examiner is unable to conduct such testing or concludes that the required testing is not necessary in this case, he or she should clearly explain why that is so.
The examiner should also describe the functional limitations resulting from the service-connected cervical spine disability, to include during flare-ups.  If flare-ups are not shown during the examination, the examiner should conduct efforts to obtain adequate information regarding the impairment resulting from flare-ups by alternative means, to include statements as to any such impairment by the Veteran himself.
 
MARJORIE A. AUER
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	J. Andrew Ahlberg, Counsel