Citation Nr: 18157911 Decision Date: 12/13/18 Archive Date: 12/13/18 DOCKET NO. 16-39 518 DATE: December 13, 2018 REMANDED ISSUES Entitlement to service connection for right hip disability, to include as secondary to service-connected lumbar sprain is remanded. Entitlement to an increased rating of 20 percent for chronic lumbar sprain disability, currently rated 10 percent disabling, is remanded. Entitlement to an increased rating for residuals of a fractured left foot disability, currently rated 10 percent disabling, is remanded. REMAND The Veteran served in the United States Army from June 1973 to August 1973. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2015 decision of the Department of Veterans Affairs (VA) Regional Office (RO) in North Little Rock, Arkansas. In October 2016, the Veteran testified before the undersigned Veterans Law Judge during a hearing at the RO in Houston, Texas. 1. Entitlement to service connection for right hip disability, to include as secondary to service-connected lumbar sprain is remanded. The Board regrets further delay, but finds that additional development is necessary before a decision may be rendered on the issue of the Veteran’s entitlement to service connection for his right hip disability, to include as secondary to his service-connected chronic lumbar sprain. During the October 2016 hearing, the Veteran testified that he could barely bend to his sides. He also stated that in August 2009 he had surgery on his lower back which resulted in six screws being put into his hip bones and pelvic bone. He stated that the screws in his hip bone and pelvic bone may be the cause of his hip pain. The Veteran provided x-ray photos of his back to the undersigned judge during the hearing. In August 2015, the Veteran was provided with a VA examination for his hip disability. The examiner stated that his hip complaints were less likely than not proximately due to his service-connected lumbar sprain disability and briefly mentioned a 2005 scientific discussion regarding contralateral injuries to the side or above and below the body from an initial injury. The VA examiner did not consider the Veteran’s specific case and testimony in his rationale. As such, the medical opinion provided is inadequate. 2. Entitlement to an increased rating of 20 percent for the Veteran’s chronic lumbar sprain disability, currently rated 10 percent disabling, is remanded. The Veteran has been previously granted service connection for a spine disability and assigned a disability rating of 10 percent. In August 2015, the Veteran was afforded a VA examination for his lumbar spine. The examination showed that he was limited in his range of motion due to pain, but this examination did not meet the requirements set forth in Correia v. McDonald, 28 Vet. App. 158 (2016), which provides a precedential finding that under 38 C.F.R § 4.59, VA examinations should also include joint testing for pain on both active and passive motion, in weight-bearing and non-weight bearing and, if possible, with range of motion measurements of the opposite undamaged joint. As such, a remand is necessary to provide the Veteran with another VA examination to properly evaluate his spine accordingly to the requirements set forth under Correia. 3. Entitlement to an increased rating for residuals of a fractured left foot rated 10 percent disabling is remanded. The Veteran filed a claim for an increased rating for his residuals of a fractured eft foot disability in November 2014, and a August 2015 rating decision was issued denying his claim. The Veteran timely filed a notice of disagreement (NOD) in September 2015 and disputed all three issues in the rating decisions. In May 2016, the RO issued a rating decision granting the Veteran an increased rating of 10 percent for his residual of a fractured left foot fracture disability. As the increase did not constitute a full grant of the benefit sought, the Veteran’s claim for a higher initial evaluation remains in appellate status. AB v. Brown, 6 Vet. App. 35, 38-39 (1993). Subsequently, a statement of the case (SOC) was issued in May 2016, which addressed only the Veteran’s chronic lumbar sprain and right hip disability. No SOC has been issued regarding his residuals of a fractured left foot disability. As such, a remand is required for the Agency of Original Jurisdiction (AOJ) to issue an SOC for the left foot fracture residual. Manlincon v. West, 12 Vet. App. 238, 240-41 (1999). The matters are REMANDED for the following action: 1. Schedule the Veteran for another VA examination for his right hip disability. The examiner must review the claims file and must note that review in the report. The examiner must address the following: a) Is the Veteran’s right hip condition at least as likely as not (e.g. a 50 percent probability or greater) proximately (1) due to or (2) aggravated by the Veteran’s chronic lumbar sprain? Why or why not? b) The examiner must address the presence and severity of any neurological abnormalities of the right and left lower extremities associated with the Veteran’s service-connected spine disability. In rendering an opinion, please consider all pertinent lay statements from the October 2016 Hearing and relevant medical records (government and non-government). 2. Schedule the Veteran for a VA examination to evaluate the current severity of his service-connected chronic lumbar sprain disability. The examiner should conduct range of motion testing (expressed in degrees) in active motion, passive motion, and (where appropriate) weight-bearing and non-weight-bearing settings. 3. Send the Veteran and his representative a statement of the case that addresses the issue of a higher rating for his service-connected residual, fracture, left foot disability. If the Veteran perfects an appeal by submitting a timely VA Form 9, then the issue should be returned to the Board for further appellate consideration. MATTHEW TENNER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Doaw Xiong