Citation Nr: 18158406
Decision Date: 12/14/18	Archive Date: 12/14/18

DOCKET NO. 16-63 232
DATE:	December 14, 2018
REMANDED
An initial rating in excess of 20 percent for acromioclavicular joint osteoarthritis of the right shoulder is remanded.
 
REASONS FOR REMAND
The Veteran served on active duty from August 1994 to November 1999.
The case is on appeal from a July 2015 rating decision.
An initial rating in excess of 20 percent for the right shoulder disorder.
The Veteran was afforded a July 2015 VA examination in which the examiner diagnosed him with acromioclavicular joint ostearthritis of the right shoulder.  Range of motion testing revealed flexion to 95 degrees with pain noted during movement.  The Veteran reported flare-ups of the right shoulder and indicated his arm goes numb and causes his fingers to tingle.  The examiner indicated the examination was conducted during a flare-up and that pain, weakness, fatigability or incoordination significantly limit his functional ability with flare-ups.  She stated the degree of range of motion loss due to the pain experienced by the Veteran during flare-ups would be approximately 5-10 degrees in each direction.  She indicated the right shoulder condition would impact the Veteran’s ability to work causing difficulty with duties involving heavy lifting or stocking items.
Thereafter, the Veteran submitted a November 2015 statement in which he asserted that his service-connected right shoulder disability was worsening, including symptoms of severe stiffness and weakened muscles.  In light of this assertion of worsening symptoms, the Board finds a new VA examination should be afforded to the Veteran upon remand to determine the current severity of his right shoulder disability.  See Snuffer v. Gober, 10 Vet. App. 400, 403 (1997).
Additionally, the VA examiner’s opinion should satisfy the requirements per the precedential decision of Correia v. McDonald, 28 Vet. App. 158 (2016) (instructing that VA orthopedic examinations should include testing for pain on both active and passive motion, in weight-bearing and nonweight-bearing (if applicable) and, if possible, with the range of the opposite undamaged joint).  The Board notes the July 2015 VA examiner’s opinion adequately addressed the Veteran’s reported flare-ups of the right shoulder and any additional functional loss due to the reported flares.  Sharp v. Shulkin, 29 Vet. App. 26 (2017).
The matter is REMANDED for the following action:
Schedule the Veteran for a VA examination by an appropriate medical professional to assess the current severity of his service-connected right shoulder disability.
This should include testing for pain on both active and passive motion, in weight-bearing and nonweight-bearing and with the range of motion measurements of the opposite undamaged joint.

 
RYAN T. KESSEL
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	B. Isaacs, Associate Counsel