Citation Nr: 21001097 Decision Date: 01/07/21 Archive Date: 01/07/21 DOCKET NO. 13-21 754 DATE: January 7, 2021 REMANDED Entitlement to an initial rating in excess of 20 percent for left shoulder degenerative arthritis is remanded. Entitlement to an initial rating in excess of 20 percent for right shoulder degenerative arthritis is remanded. Entitlement to an initial rating in excess of 20 percent for degenerative disc disease at L5-S1 s/p L4-L5 laminectomy and discectomy is remanded. Entitlement to an extension of a temporary total disability rating of the lumbar spine due to convalescence under 38 C.F.R. § 4.30 is remanded. REASONS FOR REMAND The Veteran served on active duty from July 6, to August 24, 1989 and from March 1992 to June 2010. These matters are before the Board of Veterans’ Appeals (Board) on appeal from rating decisions by a Regional Office (RO) of the Department of Veterans Affairs (VA). In May 2015, September 2016, November 2017 and May 2018 the Board remanded the matters for additional development. Regrettably, a remand is again required. In this regard, the September 2016 Remand directed that the Veteran be provided with a VA examination for his service-connected back and shoulder disorders, and that the examiner should attempt to ascertain passive motion at the time of the December 2010 and January and July 2011 prior examinations. While the Veteran has since been afforded examinations, the requested retrospective opinions have not been provided. Accordingly, the matters are remanded so that such may be obtained. Stegall v. West, 11 Vet. App. 268, 270-71 (1998) (holding that a remand by the Board imposes upon the Secretary of VA a concomitant duty to ensure compliance with the terms of the remand, and that the Board itself commits error as a matter of law in failing to ensure this compliance). Additionally, the Board will again defer consideration of the issue of an extension of the Veteran’s temporary total rating for his lumbar spine beyond July 1, 2011 because it is inextricably intertwined with his claim for an increased initial rating claim for his service-connected back disability. The matters are REMANDED for the following action: 1. Make the claims file available to an appropriate medical professional to offer an addendum opinion on the below inquiry. An examination of the Veteran is not required unless deemed necessary by the medical professional selected to offer the opinion. The examiner is asked to estimate what the Veteran’s passive range of motion would have been at the time of the prior examinations in December 2010 and January and July 2011. If this cannot be done, the examiner should explain why and further indicate how far back in time the current findings could be deemed relevant. A complete rationale should be provided for all opinions provided. If any requested opinion cannot be provided without resorting to speculation, court cases require the examiner to explain why the opinion cannot be offered, and state whether the inability is due to the absence of any evidence or is due to the limits of scientific or medical knowledge. L. M. BARNARD Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A.Z., 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.