Citation Nr: 20006705 Decision Date: 01/28/20 Archive Date: 01/27/20 DOCKET NO. 17-38 329 DATE: January 28, 2020 REMANDED A rating greater than 10 percent for a lumbosacral strain is remanded. REASONS FOR REMAND A rating greater than 10 percent for a lumbosacral strain is remanded. The most recent VA examination pertaining to this claim was in February 2016. The Veteran testified at the October 2019 hearing that he was never asked about flareups or his symptoms. The Veteran also indicated during the hearing that his symptoms had worsened since his last exam. Therefore, a new examination is needed. The matters are REMANDED for the following action: 1. Obtain all updated records (i.e., those not already of record) of VA and adequately identified private treatment the Veteran has received for the disabilities on appeal. 2. Then, arrange for an orthopedic examination to determine the current severity of the Veteran’s service-connected lumbosacral strain. Based on an examination, review of the record, and any tests or studies deemed necessary, the examiner should describe all pathology, symptoms (frequency and severity), and functional impairment associated with such disabilities in sufficient detail to allow for application of the pertinent rating criteria. The examiner MUST COMPLETE AND RECORD the results of range of motion studies in ACTIVE MOTION, PASSIVE MOTION, WEIGHT-BEARING, and NON-WEIGHT-BEARING. If any tests requested are not possible or feasible, the examiner must explain why in detail. The examiner should also note any further functional limitations due to pain, weakness, fatigue, incoordination, or any other such factors. The examiner MUST ALSO describe, to the extent possible, the functional impact of flare-ups or repeated use over a period of time. The examiner MUST elicit detailed accounts of functioning under such conditions and consider them with all other pertinent evidence. If the examiner is still unable to provide such an opinion, he or she MUST explain why that is so in specificity. The examiner should note that inability to observe functioning under such conditions IS NOT on its own a valid reason to avoid providing an opinion in this matter. *Please note that the Veteran testified at the October 2019 hearing that he has flare-ups in his back “a few times a week” and that he has worn a back brace for the last year. *Please note that the Veteran did not meet the standard physical fitness requirements for the National Guard as noted in July 2017 Compensation and Pension Examination. As of March 2018, the Veteran was forced to retire from the National Guard partially due to his back disability. All opinions must include a detailed explanation (rationale). (By law, the Board may not rely on any conclusion that is unsupported by a thorough explanation. Providing such an opinion or conclusion will delay processing of the claim and may also require further clarification). VICTORIA MOSHIASHWILI Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Kyle McKone 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.