Citation Nr: 20021146
Decision Date: 03/24/20	Archive Date: 03/24/20

DOCKET NO. 17-64 148
DATE: March 24, 2020

REMANDED

Entitlement to an initial rating in excess of 10 percent for a low back disability is remanded.

REASONS FOR REMAND

The Veteran served in the Reserve and had active duty for training from July 1992 to January 1993; he also had active duty in the National Guard from February 2007 to May 2008.

This appeal to the Board of Veterans’ Appeals (Board) is from a July 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

In February 2020, the Veteran testified during a video conference hearing before the undersigned.

1. Entitlement to an initial rating in excess of 10 percent for a low back disability is remanded.

This matter must be remanded for a VA examination to obtain current findings since the Veteran indicated during his hearing that there had been a worsening of his low back disability since his last VA examination.

This matter is REMANDED for the following action:

1. Obtain any outstanding records from the Medical University of South Carolina.

2. Schedule the Veteran for a VA examination to determine the current severity of the service-connected low back disability.  The claims file should be accessible to and be reviewed by the examiner.  Any indicated tests and studies must be accomplished, and all clinical findings must be reported in detail and correlated to a specific diagnosis.  

a)	The examiner should conduct range of motion studies to assess any functional impairment due to such factors as pain and weakness and express this functional impairment in terms of further loss of motion.  The examiner must test the range of motion in active motion, passive motion, and (where appropriate) weight-bearing and non-weight-bearing settings.  

(Continued on the next page)

 

b)	The examiner should also determine whether there would be any additional loss in range of motion due to flare-ups or with repeated use over time.  Any loss of motion during flare-ups or with repeated use over time should expressed in degrees based on the examination and information elicited from the Veteran concerning any limitation he may have under these conditions.

c)	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.

 

 

S. HENEKS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. Bredehorst

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.