Citation Nr: 18156775 Decision Date: 12/10/18 Archive Date: 12/10/18 DOCKET NO. 11-32 799 DATE: December 10, 2018 REMANDED Entitlement to service connection for a left knee disability is remanded. Entitlement to a rating in excess of 10 percent prior to June 30, 2011, and in excess of 20 percent thereafter for degenerative arthritis with spondylosis and bilateral facet disease of the lumbar spine is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1979 to September 1990. Thereafter, he had additional service in the Army Reserve beginning in 1991. These matters were most recently before the Board in April 2015 when they were remanded for additional development. Specifically, the Agency of Original Jurisdiction (AOJ) was instructed to contact the Veteran’s reserve unit, the National Personnel Records Center (NPRC), and any other appropriate facility and request the Veteran’s complete service treatment records for both active service from October 1979 to September 1990 and Army Reserve service from 1991 to 2009. The AOJ contacted the NPRC in February 2017, and the Army Reserve Medical Command in January and March 2018; negative responses were received from these requests. However, as noted by the Veteran’s representative in a September 2018 Informal Hearing Presentation, there is no indication that the Veteran’s reserve unit was contacted in an effort to obtain his service treatment records. There is also no explanation in the file as to why this was not completed. Therefore, remand is required for this reason. See Stegall v. West, 11 Vet. App. 268, 271 (1998). Regarding the service-connected low back disability, the Veteran was most recently afforded a VA examination to determine the degree of severity of this disabilities in August 2013. Since then, additional evidence has been added to the claims file to suggest that a current VA examination is needed. Additionally, the United States Court of Appeals for Veterans Claims has held that “to be adequate, a VA examination of the joints must, wherever possible, include the results of the range of motion testing described in the final sentence of” 38 C.F.R. § 4.59. See Correia v. McDonald, 28 Vet. App. 158 (2016). The referenced portion of 38 C.F.R. § 4.59 states that “[t]he joints involved should be tested 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.” Pursuant to Correia, the new VA back examination must, wherever possible, include range of motion testing on active and passive motion and in weight-bearing and nonweight-bearing conditions. Prior to the examination, updated treatment records should be obtained. The matters are REMANDED for the following actions: 1. Contact the Veteran’s reserve unit to obtain any outstanding service treatment records. If necessary, the Veteran should be requested to provide any assistance. All responses received should be documented. If it is determined that this request cannot be completed, the reasons for that determination should be explained for the record. 2. Undertake appropriate development to obtain any outstanding, pertinent treatment records, to include both VA and private records. 3. After all available records are obtained for the record, afford the Veteran a VA examination to determine the current nature and severity of the service-connected low back disability. All indicated evaluations, studies, and tests deemed to be necessary should be accomplished. All pertinent evidence of record should be made available to and reviewed by the examiner. All information required for rating purposes should be provided to the examiner. The examination must be conducted in accordance with the current DBQ or examination worksheet applicable to the disability. Ranges of motion in active motion, passive motion, weight-bearing and nonweight bearing must be conducted. If the examiner is unable to conduct the required 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 must also provide an opinion concerning the functional impairment of the Veteran’s service-connected low back disability. 4. Thereafter, undertake any additional development deemed warranted. (Continued on Next Page) A. ISHIZAWAR Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD K.R.Fletcher, Counsel