Citation Nr: 21065869 Decision Date: 10/27/21 Archive Date: 10/27/21 DOCKET NO. 14-16 864 DATE: October 27, 2021 REMANDED Entitlement to a rating in excess of 20 percent for lumbar spine condition is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Army from July 1974 to July 1977. The issue was remanded by the Board of Veterans' Appeals (Board) in January 2019 and March 2020 for further development. The most recent remand in March 2020 specifically instructed the regional office (RO) to obtain updated medical records and to schedule a VA examination for the Veteran's claim. Entitlement to a rating in excess of 20 percent for lumbar spine condition is remanded. The Board finds that a new examination is warranted for the Veteran's claim. The Veteran contends that he is entitled to an increased rating. The Veteran underwent a VA examination in May 2021, in which the examiner noted that the Veteran did not experience pain with weight bearing or non-weight bearing. However, he also noted that the Veteran could not perform lifting, bending, or anything more than mild physical activity while working. These inaccurate and contradictory findings underscore the need for a new examination that adequately addresses the severity of the Veteran's lumbar spine condition. See Barr, 21 Vet. App. at 311 (holding that once VA undertakes to provide a medical examination or opinion, it must ensure that the examination or opinion is adequate). Accordingly, a new examination is required on remand. The matters are REMANDED for the following action: 1. Assist the Veteran in associating with the claims file any relevant outstanding treatment records. 2. Schedule the Veteran for an examination with an appropriate examiner to determine the severity of his lumbar spine condition. The examiner should report all signs and symptoms necessary for evaluation of the Veteran's lumbar spine condition under the rating criteria. In particular, the examiner should provide range of motion test results (in degrees) for the Veteran's lumbar spine on active motion, passive motion, weight bearing, and non-weight bearing. The examiner should offer an opinion as to whether pain could significantly limit functional ability during flare-ups or when the lumbar spine is used repeatedly over a period of time. The examiner should specifically indicate whether the Veteran experiences any limitation of motion that is attributable to pain and at what point during the range of motion. If the examiner is unable to conduct the required testing or concludes that the required testing is not necessary in this case, he or she should clearly explain why that is so. The examiner is asked to describe whether pain significantly limits functional ability during flare-ups and, if so, the examiner must estimate the range of motion during flares. IF THE EXAMINATION DOES NOT TAKE PLACE DURING A FLARE, THE EXAMINER MUST GLEAN INFORMATION REGARDING THE FLARES' SEVERITY, FREQUENCY, DURATION, AND FUNCTIONAL LOSS MANIFESTATIONS FROM THE VETERAN, MEDICAL RECORDS, AND OTHER AVAILABLE SOURCES. EFFORTS TO OBTAIN SUCH INFORMATION MUST BE DOCUMENTED. If there is no pain and/or no limitation of function, such facts must be noted in the report. The examiner is advised that the Veteran is competent to report his symptoms and history and such reports must be considered. If the examiner rejects the Veteran's reports, the examiner must provide a reason for doing so. A. S. CARACCIOLO Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. L. Park, Associate 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.