Citation Nr: 18153884
Decision Date: 11/28/18	Archive Date: 11/28/18

DOCKET NO. 16-44 768
DATE:	November 28, 2018
REMANDED
A rating in excess of 20 percent for lumbosacral strain is remanded.
 
REASONS FOR REMAND
The Veteran served on active duty for training from September 1975 to January 1976 and from September 1978 to December 1978.
The case is on appeal from a March 2012 rating decision.  
Service connection was previously in effect for lumbosacral strain, to include radiculopathy.  In a July 2016 rating decision, the RO granted service connection separately for radiculopathy of both lower extremities.  Thus, radiculopathy is no longer within the scope of the rating on appeal.
A rating in excess of 20 percent for lumbosacral strain.
The Veteran contends that he should have a higher rating for his service-connected low back disability.  The Board finds that a VA examination is needed to comply with the last sentence of 38 C.F.R. § 4.59 as it pertains to testing the joints for pain on both active and passive motion, in weight-bearing and nonweight-bearing and, if possible, with the range of the opposite undamaged joint (or for an explanation as to why such testing cannot be conducted).  See Correia v. McDonald, 28 Vet. App. 158, 168 (2016).  A VA examination was last conducted in July 2016, but it does not contain the necessary findings. 
Additionally, the VA examination is needed to address the functional limitations during flare-ups.  According to the July 2016 VA examination, the Veteran had flare-ups of pain depending on activity level and pain that increased during prolonged walking, standing, sitting, and heavy lifting.  However, the VA examiner did not attempt estimate the loss of function during such flare-ups.
In situations where an examination is not conducted after repeated use over time, a VA examiner should estimate functional loss based on the Veteran’s descriptions of his additional loss of function during flare-ups, gleaned from his medical records, or discerned other sources available to the examiner.  See Sharp v. Shulkin, 29 Vet. App. 26, 35-36 (2017).  Such information is necessary to adequately understand his additional or increased symptoms and limitations experienced.  Id.
Thus, the Veteran should be scheduled for a new VA examination to assess the severity of the service-connected low back disability, to include complying with Correia and Sharp.  
The matter is REMANDED for the following action:
Schedule the Veteran for a VA examination by to assess the current severity of his service-connected low back disability, to include specific findings regarding pain on range of motion testing and an estimation of functional loss, per Correia and Sharp.
After reviewing the Veteran’s claims file and eliciting the history of the Veteran’s symptoms, to include any symptoms and functional impact that he experiences during flare-ups of this disability, the examiner should conduct a relevant clinical examination.
This should include testing for pain on both active and passive motion, in weight-bearing and nonweight-bearing and, if possible, with the range of the opposite undamaged joint.
If there are flare-ups, but if the examination is not conducted during a flare-up, the functional impact of a flare-up in terms of degrees of range of motion should be estimated.
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If this cannot be accomplished, it should be explained why this is so.
 
RYAN T. KESSEL
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	E. Gray