Citation Nr: 18151062
Decision Date: 11/16/18	Archive Date: 11/16/18

DOCKET NO. 16-57 924
DATE:	November 16, 2018
REMANDED
Entitlement to an increased rating for lumbosacral strain with degenerative disc disease and degenerative changes currently rated as 20 percent disabling, is remanded.
REASONS FOR REMAND
The Veteran served on active duty from January 1987 to January 1989 and June 1989 to December 1996.  
This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2013 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO) in Buffalo, New York.  
The issues of entitlement an increased rating for C6 fracture residuals, radiculopathy of lower right extremity, and right hip bursitis were appealed by the Veteran.  However, the Veteran limited his appeal to entitlement to an initial increased rating for a lumbar strain, as noted in his November 2016 Form 9.  Therefore, those issues are no longer before the Board for appellate consideration. 

1. Entitlement to an increased rating for lumbosacral strain with degenerative disc disease and degenerative changes currently rated as 20 percent disabling, is remanded.
In his substantive appeal the Veteran contended that his lumbar condition has worsened since his last examination in February 2017.  He also indicted that there is additional medical evidence that is not part of the record that would aide in adjudicating his claim.  See June 2017 VA Form 9.
Therefore, the Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of his lumbar spine disability.  Additionally, medical evidence identified by the Veteran should be obtained.  
The matter is REMANDED for the following action:
1. Identify and obtain any outstanding, pertinent VA and private treatment records not already of record in the claims file, and undertake any other development actions deemed necessary.  Specifically, the outstanding records from Physical Total Rehab should be obtained. 
Any negative response regarding the ability to obtain said records is to be noted in the file, to include an explanation regarding all attempts to obtain these requested records. 
2. Thereafter, schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected lumbar spine disability. 
The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria.  The examiner must attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups. 
To the extent possible, the examiner should identify any symptoms and functional impairments due to the lumbar spine disability alone and discuss the effect of the Veteran’s lumbar spine disability on any occupational functioning and activities of daily living. 
If it is not possible to provide a specific measurement, or an opinion regarding flare-ups, symptoms, or functional impairment without speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner (does not have the knowledge or training).
 
L. M. BARNARD
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Department of Veterans Affairs