Citation Nr: 19123777
Decision Date: 03/29/19	Archive Date: 03/29/19

DOCKET NO. 13-27 753
DATE:	March 29, 2019

REMANDED

Entitlement to a rating in excess of 40 percent for degenerative disc disease with spondylolisthesis L5-S1 and adhesive arachnoiditis, status post operative fusions is remanded.

REASONS FOR REMAND

The Veteran served on active duty from July 1990 to November 1997.

1. Entitlement to a rating in excess of 40 percent for degenerative disc disease with spondylolisthesis L5-S1 and adhesive arachnoiditis, status post operative fusions is remanded.

The record is unclear regarding the extent of the Veteran’s spine disability. An August 2010 examination and a September 2013 note from the Veteran’s private physician indicated that the Veteran had some ankylosis, but the extent was not noted. However, the February 2018 VA examiner indicated that there was no ankylosis. Remand is necessary for an examination and clarification of the severity of the Veteran’s ankylosis of the spine, if any.

 



The matter is REMANDED for the following action:

1. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of her service-connected degenerative disc disease with spondylolisthesis L5-S1 and adhesive arachnoiditis, status post operative fusions.  The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria, including the degree of ankylosis, if any, and whether any ankylosis is favorable or unfavorable.  The examiner must attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups. 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 the reason.

2. After the above development, and any additionally indicated development, has been completed, readjudicate 

 

the issue on appeal.  If the benefit sought is not granted to the Veteran’s satisfaction, send the Veteran and her representative a Supplemental Statement of the Case and provide an opportunity to respond.  If necessary, return the case to the Board for further appellate review.





 

H. N. SCHWARTZ

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	A. Creegan, Associate Counsel