Citation Nr: 18127294
Decision Date: 08/17/18	Archive Date: 08/16/18

DOCKET NO. 14-31 545A
DATE:	August 17, 2018
REMANDED
Entitlement to an initial rating in excess of 10 percent for a thoracic spine disability is remanded.
REASONS FOR REMAND
The Veteran served on active duty from August 1975 to February 1976 and from March 1976 to January 1984.
This appeal to the Board of Veterans’ Appeals (Board) is from a July 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).
In May 2018, the Veteran testified before the undersigned during a Travel Board hearing; a transcript of the hearing is of record.
1. Entitlement to an initial rating in excess of 10 percent for a thoracic spine disability is remanded.
The Veteran testified during the hearing that his thoracic spine disability had worsened since his last VA examination in June 2013, so another examination is needed to obtain current findings.
The matter is REMANDED for the following action:
1. Obtain any updated VA treatment records and associate them with the claims file.
2. Thereafter, schedule the Veteran for a VA examination to determine the severity of his thoracic spine disability.  The claims file should be made available for the examiner to review.
a)	The examiner should describe all pertinent symptomatology associated with the Veteran's back disability and complete range of motion studies. 
b)	The extent of any incoordination, weakened movement, and excess fatigability on use should also be described by the examiner.  If feasible, the VA examiner should assess the additional functional impairment due to weakened movement, excess fatigability, or incoordination in terms of the degree of additional range of motion loss.
c)	The examiner should express an opinion concerning whether there would be additional limits on functional ability on repeated use or during flare-ups, and, to the extent possible, provide an assessment of the functional impairment on repeated use or during flare-ups.  The VA examiner should put forth best efforts in estimating the additional functional impairment on repeated use or during flare-ups in terms of the degree of additional range of motion loss based on all information procured from relevant sources, including the Veteran's lay statements. 
d)	If the VA examiner is unable to report the degree of additional range of motion loss during a flare-up, the VA examiner must explain why it is not feasible to render such an opinion; however, the VA examiner should not provide as reason that at the time of the examination, the Veteran is not experiencing a flare-up or being observed after repeated use over time.
e)	The examiner should also comment upon the existence and frequency of any incapacitating episodes (i.e., a period of acute signs and symptoms due to intervertebral disc syndrome that requires bed rest prescribed by a physician and treatment by a physician).  
 
S. HENEKS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	D. Bredehorst