Citation Nr: 18136453
Decision Date: 09/19/18	Archive Date: 09/18/18

DOCKET NO. 16-07 888
DATE:	September 19, 2018
REMANDED
Entitlement to an initial compensable rating for right hip limitation of flexion status post right femoral neck fracture with open reduction and internal fixation (ORIF) surgery is remanded.
Entitlement to an initial compensable rating for limitation of extension status post right femoral neck fracture with ORIF surgery is remanded.
REASONS FOR REMAND
The Veteran had active military service from February 2012 to January 2013.
On the VA Form 9, Appeal to Board of Veterans’ Appeals, filed in February 2016, the Veteran specified that he was only appealing the issues of limitation of motion and limitation of extension for right femoral neck; the other issues addressed in the February 2016 Statement of the Case (increased evaluation for depression and increased rating for scars) were not perfected.  As such, although the issues of increased evaluation for depression and increased rating for scars were certified by the Agency of Original Jurisdiction (AOJ) on a VA Form 8, Certification of Appeal, only the claims for increased disability ratings for right hip limitation of flexion and extension status post right femoral neck fracture with ORIF surgery remain on appeal.  As there remains no allegation of error of fact or law for appellate consideration with respect to these claims, the Board does not have appellate jurisdiction to review them.  38 U.S.C. 7105.
Entitlement to initial compensable ratings for right hip limitation of flexion and right hip limitation of extension status post right femoral neck fracture with open reduction and internal fixation (ORIF) surgery is remanded.
Although the record contains a June 2013 VA examination regarding the Veteran’s right hip disability, the examination does not comply with the requirements in Correia v. McDonald, 28 Vet. App. 158, 168 (2016).  The examinations do not contain passive range of motion measurements or pain on weight-bearing and nonweight-bearing.  
The matters are REMANDED for the following action:
1. Obtain the Veteran’s VA treatment records for the period from June 2015 to the present.
2. Schedule the Veteran for an examination of the current severity of his service-connected right hip disability.  The examiner must test the Veteran’s active motion, passive motion, and pain with weight-bearing and without weight-bearing.  The examiner must also attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups.  To the extent possible, the examiner should identify any symptoms and functional impairments due to the right hip disability alone and discuss the effect of the Veteran’s right hip disability on any occupational functioning and activities of daily living.  If it is not possible to provide a specific measurement, or an opinion regarding flare-ups, symptoms, or functional impairment without speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner (does not have the knowledge or training).
 
N. RIPPEL
Acting Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	P. Olson