Citation Nr: 21065981 Decision Date: 10/28/21 Archive Date: 10/28/21 DOCKET NO. 16-42 471 DATE: October 28, 2021 REMANDED Entitlement to a disability rating in excess of 10 percent for middorsal spine strain with degenerative disc disease for the period prior to May 23, 2016 is remanded. Entitlement to a disability rating in excess of 20 percent for middorsal spine strain with degenerative disc disease for the period from May 23, 2016 is remanded. Entitlement to disability rating in excess of 10 percent for talonavicular degenerative changes right foot is remanded. Entitlement to a disability rating in excess of 10 percent for patellofemoral pain syndrome of the right knee is remanded. Entitlement to a disability rating in excess of 40 percent for residual injury, right ring finger, post-operative with paresthesias and weakness of the right hand and wrist is remanded. REASONS FOR REMAND The Veteran had active military service from August 1993 to August 1997. This matter comes before the Board of Veterans' Appeals (Board) on appeal from November 2014 and August 2016 rating decisions of a VA Regional Office (RO). The Veteran testified before the undersigned Veterans Law Judge at a July 2021 hearing before the Board of Veterans' Appeals (Board). 1. and 2. Entitlement to a disability rating in excess of 10 percent for middorsal spine strain with degenerative disc disease for the period prior to May 23, 2016 and in excess of 20 percent from May 23, 2016 are remanded. The Veteran asserts that his spine disability is more severe than is reflected by his assigned evaluations. During his July 2021 Board hearing, the Veteran testified that he experienced symptoms that were not reflected in his previous VA examination in May 2016. This indicates that the Veteran's disability may have worsened. Accordingly, this claim must be remanded for a new VA examination to assess the current severity of his back disability. 3. Entitlement to disability rating in excess of 10 percent for talonavicular degenerative changes right foot is remanded. The Veteran asserts that his right foot disability is more severe than is reflected by his current evaluation. During his July 2021 Board hearing, the Veteran testified that he experienced symptoms that were not reflected in his previous VA examination in May 2016. This indicates that the Veteran's disability may have worsened. Accordingly, this claim must be remanded for a new VA examination to assess the current severity of his right foot disability. 4. Entitlement to a disability rating in excess of 10 percent for patellofemoral pain syndrome of the right knee is remanded. The Veteran asserts that his right knee disability is more severe than is reflected by his current evaluation. During his July 2021 Board hearing, the Veteran testified that he experienced symptoms that were not reflected in his previous VA examination in May 2016. This indicates that the Veteran's disability may have worsened. Accordingly, this claim must be remanded for a new VA examination to assess the current severity of his right knee disability. 5. Entitlement to a disability rating in excess of 40 percent for residual injury, right ring finger, post-operative with paresthesias and weakness of the right hand and wrist is remanded. The Veteran asserts that his right ring finger disability is more severe than is reflected by his current evaluation. During his July 2021 Board hearing, the Veteran testified that he believed his right ring finger disability was causing more impairment of his right hand that was reflected in his previous VA examination in May 2016. This indicates that the Veteran's disability may have worsened. Accordingly, this claim must be remanded for a new VA examination to assess the current severity of his right ring finger disability. The matters are REMANDED for the following action: Afford the Veteran one or more appropriate VA examinations by an appropriate clinician to ascertain the current severity of his lower back, right ring finger, right knee, and right foot disabilities. The claims file must be reviewed by the examiner. The most up-to-date Disability Benefits Questionnaire must be employed. The examiner is specifically requested to consider the Veteran's Board hearing testimony. The examination must contain full range of motion testing, with commentary as to the significance of any functional loss and flare-ups, as well as notations of all symptoms reported by the Veteran or shown upon examination. The Board is aware of the complications with examination scheduling due to COVID-19 and encourages the medical facility to consider a telephone interview, or other telehealth means, if scheduling an examination is impracticable or would lead to significant delay or burden to the Veteran. All opinions must be supported by a complete rationale. A. C. MACKENZIE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board E. Hicks, 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.