Citation Nr: 20006735
Decision Date: 01/27/20	Archive Date: 01/27/20

DOCKET NO. 09-48 156
DATE: January 27, 2020

REMANDED

The claim of entitlement to a disability rating higher than 20 percent, for bilateral spondylosis with spondylolisthesis and degenerative disc disease of the lumbar spine at L5-S1, is remanded.

REASONS FOR REMAND

The Veteran retired from military service after serving on active duty from December 1982 to October 2004.  

This matter comes before the Board of Veterans’ Appeals (Board) on appeal of a February 2008 rating decision by a U. S. Department of Veterans Affairs (VA) Regional Office (RO).  The case has been subject to multiple actions by the Board and by the U. S. Court of Appeals for Veterans Claims (Court).  Most recently, in June 2018, and in response to a January 2018 Court remand, the Board remanded the case for additional medical inquiry.  The case is again before the Board for appellate review.  

Another remand is necessary for issuance of an addendum medical opinion.  

In the June 2018 remand, the Board requested information regarding range of motion in the thoracolumbar spine, on active and passive motion and while weightbearing and nonweight-bearing.  In response the Veteran underwent multiple VA examinations.  

The RO found VA reports dated in April and July 2019 inadequate so provided another examination in September 2019.  That report addresses most of the Board’s June 2018 inquiries.  However, the report does not sufficiently address the question of range of motion in the thoracolumbar spine on active and passive motion and in weight-bearing and nonweight-bearing.  See Stegall v. West, 11 Vet. App. 268 (1998) (the Board errs as a matter of law when it fails to ensure compliance with previous remand directives).  As such, an addendum medical report should be obtained.  

The matters are REMANDED for the following action:

Return the case to the VA examiner who conducted the September 2019 examination, or to a suitable substitute, for issuance of an addendum report.  After reviewing the claims file, the examiner should answer the following question:

Did range of motion noted in the September 2019 report reflect active and passive motion, and motion in weight-bearing and nonweight-bearing?  

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If not, discuss why.  

Also discuss whether the types of motion requested – passive motion, active motion, weight-bearing motion, nonweight-bearing motion – can be measured in the thoracolumbar spine.  If any type cannot measured please explain why.

 

 

G. A. WASIK

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Christopher McEntee, 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.