Citation Nr: 19145486 Decision Date: 06/12/19 Archive Date: 06/11/19 DOCKET NO. 16-63 929 DATE: June 12, 2019 REMANDED Entitlement to an initial rating in excess of 20 for service-connected degenerative disc disease of the thoracolumbar spine prior to February 10, 2016, and a rating in excess of 10 thereafter, is remanded. REASONS FOR REMAND The Veteran served on active duty from December 1973 to May 1976. A video-conference hearing was held before the undersigned Veterans Law Judge (VLJ) in June 2019. Entitlement to an initial rating in excess of 20 for service-connected degenerative disc disease of the thoracolumbar spine prior to February 10, 2016, and a rating in excess of 10 thereafter, is remanded. The Veteran was last examined by VA to determine the severity of his service-connected degenerative disc disease of the thoracolumbar spine in February 2016, more than three years ago. During his June 2019 Board hearing, the Veteran asserted that his disability had worsened since his last VA examination. On remand, the Department of Veterans Affairs (VA) Regional Office (RO) should obtain the Veteran’s updated VA treatment records, as the most recently-dated records available for Board review are dated in February 2018, and afford him a new VA examination to determine the current severity of his service-connected degenerative disc disease of the thoracolumbar spine. The matter is REMANDED for the following action: 1. Obtain the Veteran’s VA treatment records for the period from February 2018 to the present. 2. Schedule the Veteran for an examination of the current severity of his degenerative disc disease of the thoracolumbar spine. The examiner must test the Veteran’s active motion, passive motion, and pain with weight-bearing and without weight-bearing. 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. To the extent possible, the examiner should identify any symptoms and functional impairments due to the Veteran’s degenerative disc disease of the thoracolumbar spine alone and discuss the effect of such on any occupational functioning and activities of daily living. (Continued on the next page) If it is not possible to provide a specific measurement, or an opinion regarding flare-ups, symptoms, or functional impairment based on direct observation, the examiner should provide an estimate, if at all possible, of the additional impairment due to flare-ups based on the other evidence of record and the Veteran’s statements. P.M. DILORENZO Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD M. Purdum The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.