Citation Nr: 18151143
Decision Date: 11/16/18	Archive Date: 11/16/18

DOCKET NO. 16-37 940
DATE:	November 16, 2018
REMANDED
Entitlement to a compensable disability rating for spondyloarthropathy of the cervical spine is remanded.
Entitlement to a disability rating in excess of 10 percent for spondyloarthropathy of the lumbar spine is remanded.
REASONS FOR REMAND
The Veteran had active service with the United States Navy from July 1986 to June 1993.
These matters come before the Board of Veterans’ Appeals (Board) on appeal from a June 2011 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Pittsburgh, Pennsylvania.  The cervical and lumbar spines were initially rated as part of a polyarthritis of multiple joints, but in a May 2015 decision the RO awarded a separate, increased 10 percent disability rating for spondyloarthropathy of the lumbar spine.  The cervical spine remained noncompensable as part of the multi-joint arthritis condition.  Both segments of the spine remain on appeal.
While the passage of time alone does not warrant provision of a new examination, in this instance the Veteran has alleged functional impairments due to pain, which could, under current interpretations of the law and regulations, require separate assessments of the involved joints.  Saunders v. Wilkie, 886 F. 3d (Fed. Cir. 2018).  Updated and clarified information is therefore required on remand.
The matters are REMANDED for the following action:
1. Schedule the Veteran for a VA spine examination.  Describe in detail the current manifestations, symptoms, and functional impacts of the Veteran’s service-connected cervical and lumbar spine joint disabilities.
2. Readjudicate the remanded issues.  If the benefits sought remain denied, the Veteran should be provided with a supplemental statement of the case.  The case should then be returned to the Board for appellate review if otherwise in order.  

 
WILLIAM H. DONNELLY
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	B. J. Komins, Associate Counsel