Citation Nr: 20004485 Decision Date: 01/21/20 Archive Date: 01/21/20 DOCKET NO. 18-19 231 DATE: January 21, 2020 REMANDED An initial rating higher than 10 percent for lumbar spine degenerative disc disease is remanded. REASONS FOR REMAND The Veteran served honorably on active duty in the United States Navy from September 1980 to September 2000. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a November 2014 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida. The Veteran’s last VA examination for his service-connected lumbar spine degenerative disc disease was in June 2014. In a January 2020 Informal Hearing Presentation, the Veteran’s representative contends that his disability has worsened in severity. The Veteran also asserted in a September 2017 telephone call to his VA provider that his disability has worsened. Given the assertion that the Veteran’s disability has worsened and the fact that the last exam was more than five years ago, the Board finds that a new examination is warranted to assess the present severity of his service-connected lumbar spine degenerative disc disease. See 38 U.S.C. § 5103A(d); 38 C.F.R. § 3.159(c)(4); see also Snuffer v. Gober, 10 Vet. App. 400 (1997); Green v. Derwinski, 1 Vet. App. 121 (1991). The Board further notes that since the June 2014 VA examination, the United States Court of Appeals for Veterans Claims (Court) in Correia v. McDonald, 28 Vet. App. 159 (2016), held that the final sentence of 38 C.F.R. § 4.59 requires that VA examinations include joint testing for pain on both active and passive motion, in weight-bearing and non-weight-bearing. As this was not accomplished in this case, further development is required. Additionally, the Court has held that in addressing the nature of any flare-ups, examiners must address the frequency, duration, characteristic, severity, and functional loss due to the flare-up. Sharp v. Shulkin, 29 Vet. App. 26 (2017). The matter is REMANDED for the following actions: 1. Obtain the Veteran’s VA treatment records for the period from January 2018 to the Present. 2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected lumbar spine degenerative disc disease. 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. In so doing, the examiner must test the Veteran’s active motion, passive motion, and pain with weight-bearing and without weight-bearing. If it is not possible to provide a specific measurement 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). In so doing, 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 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. If it is not possible to provide a specific measurement 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). JOHN Z. JONES Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Michael Chandeck, Associate Counsel 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.