Citation Nr: 21062796
Decision Date: 10/12/21	Archive Date: 10/12/21

DOCKET NO. 16-22 597
DATE: October 12, 2021

REMANDED

Entitlement to a disability rating in excess of 10 percent for status-post stress fracture of the right femoral neck is remanded. 

INTRODUCTION

The Veteran had active service from September 1966 to August 1968.

In May 2019, the appellant testified at a hearing before the undersigned Veterans Law Judge via videoconference.  A transcript of the proceeding is of record.

When this case was previously before the Board in October 2019, October 2020, and March 2021, the above-noted issue was remanded for further development.  The case has since been returned for additional appellate review.

REASONS FOR REMAND

Though this case has been remanded on numerous occasions as noted above, the above-noted claim must yet again be remanded in order to ensure compliance with the prior Board remand instructions.  See Stegall v. West, 11 Vet. App. 268, 271 (1998).  

On many previous occasions the Board has indicated that when VA undertakes to provide a VA examination or obtain a VA opinion, it must ensure that the examination or opinion is adequate.  Barr v. Nicholson, 21 Vet. App. 303, 312 (2007).  

However, to date, substantial compliance with these Board instructions has not been achieved.

As noted in each of Board's prior remands, to be considered adequate, a musculoskeletal examination must include an assessment of the veteran's flare-ups, as well as range of motion measurements in weight bearing, non-weight bearing, and in passive motion.  See Sharp v. Shulkin, 29 Vet. App. 26 (2017); see also Correia v. McDonald, 28 Vet. App. 158 (2016).  The Veteran most recently underwent a VA hip examination to assess the above-noted disability in May 2021.  However, the examiner failed to provide weight bearing and non-weight bearing range of motion assessments.  As such, a remand is again required in order to obtain these critical evaluation assessments.

Accordingly, these matters are REMANDED for the following actions:

Afford the Veteran a VA examination by an examiner with sufficient expertise, who has not previously examined the Veteran, to fully assess the severity of the Veteran's service-connected right hip status-post stress fracture of the right femoral neck. All pertinent evidence of record should be made available to and reviewed by the examiner. Any indicated studies should be performed.

Ensure the examiner provides all information required for rating purposes, to specifically include both active and passive range of motion testing, as well as weight-bearing and nonweight-bearing range of motion assessments.

In addition, the examiner must consider and discuss all procurable and assembled data such as the frequency, duration, characteristics, precipitating and alleviating factors, and the severity of the flare-ups, and then provide an assessment of the functional loss during flares, if possible in degrees of motion lost.

If the examiner is unable to conduct the required testing or concludes that the required testing is not necessary, he or she should be directed to clearly explain why that is so.

 

 

T. REYNOLDS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	G. Fraser, 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.