Citation Nr: 20004764 Decision Date: 01/23/20 Archive Date: 01/21/20 DOCKET NO. 16-36 904 DATE: January 23, 2020 REMANDED A rating in excess of 30 percent for a right shoulder disability, is remanded. REASONS FOR REMAND The Veteran served on active duty from May 1968 to May 1970. The Veteran was scheduled for a hearing in front of the Board in March 2019, but he failed to appear. As he has not provided good cause for his failure to appear or requested another hearing, the VA’s duty to provide him with a hearing has been met. 38 C.F.R. § 20.700. 1. Entitlement to a rating in excess of 30 percent for a right shoulder disability The Veteran contends that his right shoulder disorder has become worse since his last VA examination in March 2015. Further, the Veteran asserts that the March 2015 VA examination was inadequate, and that a new examination is warranted to properly asses the severity and nature of his right shoulder disorder. The Board acknowledges that a new examination is warranted. Specifically, the March 2015 examiner failed to test the Veteran for range of motion after repetitive use and during flare-ups without resorting to speculation. Moreover, the examiner did not provide an explanation for why he could not give an opinion without resorting to speculation. Further, the March 2015 VA examiner did not “estimate the Veteran’s functional loss due to flare-ups based on all the evidence of record-including the lay information or sufficiently explain why the examiner cannot do so.” Sharp v. Shulkin, 29 Vet. App. 26 (2017). As such, the examination is inadequate, and a new examination is necessary. See Barr v. Nicholson, 21 Vet. App. 303, 312 (2007); See Snuffer v. Gober, 10 Vet. App. 400, 402-403 (1997). The matters are REMANDED for the following action: 1. Obtain any and all treatment records from any VA medical facility from which the Veteran has received treatment. If the Veteran has received additional private treatment, he should be afforded an appropriate opportunity to submit them. 2. Schedule the Veteran for a new VA examination to determine the current severity of his right shoulder disability. The claims folder must be made available to and be reviewed by the examiner. All tests deemed necessary should be conducted and the results reported in detail. The full range of motion testing must be performed in both active and passive motion, in weightbearing and non-weightbearing and, if possible, with range of motion measurements of the opposite undamaged joint. If the examiner is unable to conduct the required testing or concludes that the required testing is not necessary in this case, he or she should clearly explain why that is so. The examiner should address in detail the additional functional impairment and range of motion loss due to factors such as pain, weakened movement, excess fatigability, incoordination, and flare-ups. The examiner must estimate any additional loss of motion to the best of his or her ability. B.T. KNOPE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board I. McGee, Associate Counsel