Citation Nr: 18159140
Decision Date: 12/18/18	Archive Date: 12/18/18

DOCKET NO. 17-06 131
DATE:	December 18, 2018
REMANDED
Entitlement to an initial compensable evaluation for bilateral hand arthritis is remanded.
REASONS FOR REMAND
The Veteran served on active duty from May 1985 to January 1998 and from July 2002 to May 2015.
1. Entitlement to an initial compensable evaluation for bilateral hand arthritis is remanded.
The Veteran’s most recent VA hand examination was in March 2015.  Since that examination, the Veteran has submitted private medical evidence suggesting additional symptoms of pain, numbness, and tingling.  
In addition, a review of this examination indicates that it is not entirely compliant with the provisions of 38 C.F.R. § 4.59.  See Correia v. McDonald, 28 Vet. App. 158 (2016); Southall-Norman v. McDonald, 28 Vet. App. 346 (2016) (“In sum, the plain language of § 4.59 indicates that it is applicable to the evaluation of musculoskeletal disabilities involving actually painful, unstable, or malaligned joints or periarticular regions, regardless of whether the Diagnostic Code under which the disability is being evaluated is predicated on range of motion measurements.”).
 As a result, remand is required so that the Veteran may be afforded a new VA examination to contemplate the current severity of his disability and provide adequate information for rating purposes pursuant to Correia.
The matter is REMANDED for the following action:
1. Obtain any outstanding VA treatment records.
2. Afford the Veteran an appropriate VA examination(s) to determine the current severity of his bilateral hand disability. 
With respect to range of motion testing, this must be conducted on active and passive motion (pursuant to Correia v. McDonald, 28 Vet. App. 158 (2016)).  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.
 
Biswajit Chatterjee
Acting Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	W. R. Stephens, Counsel