Citation Nr: 18157450 Decision Date: 12/13/18 Archive Date: 12/12/18 DOCKET NO. 10-47 116 DATE: December 13, 2018 REMANDED Entitlement to a disability rating in excess of 20 percent for post-traumatic arthritis, status post Magnusson-stack repair, and recurrent right shoulder dislocation (hereinafter “right shoulder disorder”), is remanded. REASONS FOR REMAND The Veteran served on active duty from April 1976 to March 1983. 1. Entitlement to a disability rating in excess of 20 percent for posttraumatic arthritis, status post Magnusson-stack repair, and recurrent right shoulder dislocation (hereinafter “right shoulder disorder”), is remanded. In July 2017, the Board denied entitlement to a disability rating in excess of 20 percent for the Veteran’s service-connected right shoulder disorder. The Veteran appealed that decision to the U.S. Court of Appeals for Veterans Claims (Court). Pursuant to a May 2018 Joint Motion for Remand (JMR) filed by the contesting parties, the Court vacated the Board’s decision and remanded the claim back to the Board for further development and readjudication in compliance with the specified directives. As indicated in the JMR, the June 2010, June 2014, and August 2016 VA examinations are inadequate because they fail to provide an estimate as to the degrees of range of motion loss during flare-ups or following repeated use and provide an inadequate explanation for the lack of estimate. Sharp v. Shulkin, 29 Vet. App. 26, 35 (2017). Furthermore, the August 2016 examination does not include the range of motion testing required under Correia v. McDonald, 28 Vet. App. 158, 169-70 (2016). Correia requires VA examinations to include joint testing for pain on both active and passive motion, in weight-bearing and nonweight-bearing, and, if possible, with range of motion measurements of the opposite undamaged joint. Finally, the JMR indicated that the Board erred in not addressing the “whether Appellant is entitled to an increased rating…absent the ameliorative effect of medication.” Given that the Veteran was not afforded the proper testing, and not all necessary information was provided, the Board finds that a new VA examination is necessary. The matter is thus REMANDED for the following action: 1. Contact the Veteran and request authorization to obtain any outstanding records pertinent to his claims, including any private treatment records following proper VA procedures (38 C.F.R. § 3.159(c)). 2. After completing the requested development, afford the Veteran a VA orthopedic examination to assess the severity of his right shoulder disorder. A copy of this remand and all relevant medical records should be made available to the examiner. The examiner must review the pertinent evidence, including the Veteran’s lay assertions, and undertake any indicated studies. All testing indicated by the current Disability Benefits Questionnaire format must be addressed. The examiner should report all signs and symptoms necessary for rating the Veteran’s right shoulder disorder under the rating criteria. The examiner should provide the range of motion in degrees of the right shoulder. In so doing, the examiner should test the Veteran’s range of motion in active motion, passive motion, weight-bearing, and nonweight-bearing, where possible. If the examiner is unable to conduct the required testing, he or she should clearly explain so in the report. The presence of objective evidence of pain, excess fatigability, incoordination and weakness should also be noted, as should any additional disability (including additional limitation of motion) due to these factors. The examiner shall inquire as to periods of flare-up, and note the frequency and duration of any such flare-ups. Any additional impairment on use or in connection with flare-ups should be described in terms of the degree of additional range of motion loss. The examiner should specifically describe the severity, frequency, and duration of flare-ups; name the precipitating and alleviating factors; and estimate, per the Veteran, to what extent, if any, such flare-ups affect functional impairment. If the examiner is unable to conduct the required testing, he or she should clearly explain why that is so. In assessing the current nature and severity of the Veteran’s disability, the examiner is asked to address the extent to which the functional impairment caused by the Veteran’s right shoulder disorder impairs his ability to meet the demands of a job, whether sedentary or physical, and the timeframe in which such impairment arose. Finally, the examiner should address the extent of the ameliorative effect of medication on the disability, and provide, if possible, an assessment of the degree of disability absent such medication. All opinions and conclusions reached by the examiner should be thoroughly explained. A. C. MACKENZIE Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD C. Mukherjee, Associate Counsel