Citation Nr: 21064404 Decision Date: 10/20/21 Archive Date: 10/20/21 DOCKET NO. 17-33 296 DATE: October 20, 2021 REMANDED The claim for a rating in excess of 10 percent for a thoracolumbar strain is remanded. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from February 1989 to March 1995. These matters come before the Board of Veterans' Appeals (Board) on appeal from a February 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In October 2021, the Veteran testified at a hearing before the undersigned Veterans Law Judge. This decision is being made under the "one-touch" program. The hearing transcript will still be processed and associated with the claims file in the ordinary course of business. Furthermore, although the Veteran's June 2017 substantive appeal limited his appeal to the issue above, the September 2017 Supplemental Statement of the Case included additional increased rating and service connection claims. The Veteran and his representative acknowledged at the Board hearing that his current appeal was limited to an increased disability rating in excess of 10 percent for thoracolumbar strain. REASONS FOR REMAND The Veteran is seeking an increased rating for his service-connected thoracolumbar strain. The duty to conduct a contemporaneous examination is triggered when the evidence indicates there has been a material change in disability or that the current rating may be incorrect. Snuffer v. Gober, 10 Vet. App. 400, 403 (1997). He and his representative testified at his October 2021 Board hearing that since his last January 2017 VA examination, he received additional treatment, such as trigger point injections, and a visit to the emergency room. Therefore, the Board finds a new VA examination is warranted. Additionally, ongoing medical treatment records should also be obtained. 38 U.S.C. § 5103A (c). The matters are REMANDED for the following action: 1. Copies of updated treatment records should be obtained and added to the claims file. 2. Schedule the Veteran for a VA examination to determine the current severity of his service-connected thoracolumbar strain. The VA examiner must also test the range of motion in both active and passive motion, and in weight bearing and non-weight bearing circumstances. The VA examiner should describe all functional impairment. The examiner should consider any reports of flare-ups and portray any related functional loss in terms of additional range of motion loss. If the VA examiner is unable to do, he or she should explain why. Merely being unable to observe a flare-up is an insufficient reason not to provide an estimate. Rather, an estimate is requested based on a review of all pertinent records on file, statements from the Veteran, objective signs and symptoms, and any applicable medical principles. MATTHEW W. BLACKWELDER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board H. Yoo, 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.