Citation Nr: 21063595 Decision Date: 10/14/21 Archive Date: 10/14/21 DOCKET NO. 17-01 191 DATE: October 14, 2021 REMANDED The claim for an increased rating, in excess of 20 percent, for a lumbar spine disability is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Air Force from May 1981 to April 2005. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office in Muskogee, Oklahoma. In October 2019 the Veteran and his spouse testified at a Travel Board hearing before the undersigned Veterans Law Judge. A transcript of this hearing is of record. In January 2020, the Board remanded the case to the Regional Office for further evidentiary development. Notwithstanding the previous remand, however, the Board regrets further delay, as an additional development is required before the Board may render a fully-informed decision on this appealed issue. The Veteran asserts entitlement to an increased rating, higher than 20 percent, for his service-connected lumbar spine disability. In January 2020, the Board remanded this matter for the Regional Office to obtain all outstanding treatment records, as well as affording the Veteran with a contemporaneous VA examination for the lumbar spine. When rating a low back disability, it is important to have medical findings that address the severity of the disability including information about any "flare-ups" of the condition; that is times when the condition is worse than others. Here, the July 2020 VA examination report provided inconsistent findings about the Veteran's report of flare-ups. Specifically, the VA examiner indicated that the Veteran did not report having flare-ups of the lumbar spine. However, despite finding that the Veteran did not report having flare ups, and that there were no flare ups during the examination, the VA examiner indicated that pain, weakness, fatigability or incoordination significantly limits functional ability with flare ups, with pain as the sole factor that causes this functional loss. Thus, as the VA examiner's findings on flare-ups of the lumbar spine are ambiguous, a remand is required for a new VA examination on the lumbar spine. The matters are REMANDED for the following action: 1. Schedule the Veteran for a new VA examination to determine the current severity of his lumbar spine disability. The appropriate disability benefits questionnaire (DBQ) form should be utilized for each disability. The VA examiner must undertake the following: a. Conduct range of motion testing, specifically noting the motion in degrees, in both active motion and passive motion, and in both weight-bearing and non-weightbearing. See Correia v. McDonald, 28 Vet. App. 158, 169 170 (2016). b. If the Veteran reports any periods of flare ups, but range of motion testing could not be conducted during a flare up, state the severity, frequency, and duration; name the precipitating and alleviating factors; and estimate, according to the Veteran, to what extent, if any, they affect functional impairment. See Sharp v. Shulkin, 29 Vet. App. 26, 32 (2017). (Continued on the next page) c. In conducting this examination, the VA examiner must indicate whether pain could significantly limit functional ability during flare-ups, or with repeated use over a period of time; and specifically, where feasible, describe any limitations, in terms of the degree of additional range-of-motion loss due to pain on use or flare-ups. d. If the VA examiner concludes that functional loss cannot be determined without resorting to speculation, the VA examiner must indicate this, with a clear detailed rationale. M. Tenner Veterans Law Judge Board of Veterans' Appeals Attorney for the Board V-N. Pratt 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.