Citation Nr: 21061726 Decision Date: 10/05/21 Archive Date: 10/05/21 DOCKET NO. 17-01 426 DATE: October 5, 2021 REMANDED Entitlement to a disability rating in excess of 10 percent for the Veteran's service-connected lumbar condition for the period on appeal prior to May 17, 2021, and in excess of 40 percent, thereafter, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Air Force from January 1994 to September 1999. This matter comes before the Board of Veterans' Appeals (Board) on appeal of a November 2015 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In March 2021, the Veteran testified at a virtual hearing before the undersigned Veterans Law Judge (VLJ). When this case was last before the Board in March 2021 it was remanded for additional development. Specifically, the RO was instructed provide the Veteran with a current VA examination to address the severity of his lumbar spine disability. A relevant examination was obtained. As such, the Board finds that the AOJ substantially complied with the directives in the March 2021 remand. See Stegall v. West, 11 Vet. App. 268, 271 (1998). The Board notes that the Veteran's previous representative is no longer an accredited organization that is recognized by the VA and are no longer authorized to prepare, present, or prosecute claims on behalf of the Veteran for VA benefits. The Veteran was informed as such in an August 2021 notice letter, instructed how to properly appoint a new representative, and informed that if the Veteran did not respond within 30 days of the date of the notice letter that the Board would procced as if the Veteran chose to represent himself. An additional correspondence was sent to the Veteran in August 2021 again informing the Veteran that his former representative was no longer accredited and informed the Veteran of his options should he wish to appoint a new representative. The Veteran did not respond within the 30-day period, nor did he appoint a new representative. As such, the Board will proceed as if the Veteran chose to represent himself. Lumbar Spine While the Veteran was provided with a May 2021 VA examination regarding his lumbar spine condition, the Board finds that further development is required before adjudication on this issue can proceed. In a recent decision, the United States Court of Appeals for Veterans Claims (CAVC) indicated that when evaluating a disability under VA's General Rating Formula for Diseases and Injuries of the Spine (General Rating Formula), the criteria for a rating based on ankylosis may be met by evidence demonstrating the functional equivalent of ankylosisi.e., functional loss consistent with that contemplated by ankylosis. See Chavis v. McDonough, No. 18-2928 (April 2021). As such, the Board finds a new medical opinion is warranted to address whether the Veteran had ankylosis of his lumbar spine, or the functional equivalent thereof. The matters are REMANDED for the following action: Obtain an addendum medical opinion, from the VA examiner who provided the May 2021 VA medical opinion, or if that examiner is unavailable, another qualified VA examiner with sufficient expertise to comment on the severity of the Veteran's lumbar spine disability. All pertinent evidence of record must be made available to and reviewed by the examiner, including a copy of this remand. Any indicated studies should be performed. No additional examination is required unless the examiner deems it necessary. Specifically, following a review of the relevant records, lay statements, and the medical evidence of record, the examiner is asked to indicate whether the Veteran had ankylosis of the lumbar spine. If ankylosis was not diagnosed then the examiner must answer whether there is evidence demonstrating the functional equivalent of ankylosisi.e., functional loss consistent with that contemplated by ankylosis. For purposes of this opinion, the examiner should assume that the Veteran is a reliable historian and must not ignore his competent reports of injuries, or of symptoms experienced. In this regard, the examiner must discuss and consider the competent lay statements of record. (Continued on the next page) The examiner must provide a complete rationale for all proffered opinions. If an examiner is unable to provide any required opinion, he or she should explain why. If an examiner cannot provide an opinion without resorting to mere speculation, he or she shall provide a complete answer as to why this is so. If the inability to provide a more definitive opinion is the result of a need for additional information, the examiner should identify the additional information that is needed. T. REYNOLDS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Gresham 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.