Citation Nr: A21016907 Decision Date: 10/19/21 Archive Date: 10/19/21 DOCKET NO. 191001-34982 DATE: October 19, 2021 REMANDED Entitlement to an evaluation in excess of 20 percent for the degenerative arthritis of the lumbar spine is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1975 to September 1977. In January 2019, the Veteran elected to participate in the Rapid Appeal Modernization Program (RAMP) to appeal a September 2017 rating decision and selected the higher-level review option. A September 2019 rating decision was issued, and the Veteran timely appealed the decision by submitting an October 2019 10182 form and selecting the Direct Review option. The claim was denied by the Board in June 2020. The Veteran appealed that denial to the Court of Appeals for Veterans' Claims which, in March 2021, pursuant to a Joint Motion for Remand (JMR), vacated the Board's decision and remanded the matter to the Board. 1. Entitlement to an evaluation in excess of 20 percent for degenerative arthritis of the lumbar spine is remanded. The Veteran's claim for increase must be remanded to afford him an adequate VA spine examination. As noted in the JMR, the April 2019 VA examination report establishes that the Veteran reported pain on motion during testing of forward flexion, extension, lateral flexion in both directions, and lateral rotation in both directions, but notes associated with the examination do not reflect at what point in the range of motion pain occurred. Moreover, the examination report indicates the examiner did not conduct active and passive range of motion testing in both weight-bearing and nonweight-bearing conditions, which testing is necessary per Correia v. McDonald, 28 Vet.App. 158, 168 (2016). On remand, a new VA examination must be conducted and these defects remedied. The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA spine examination to explore the current nature and severity of his lumbar spine disability. The claims folder must be provided to and reviewed by the examiner as part of the examination. All tests, studies, and evaluations should be performed as deemed necessary by the examiner, and the results of any testing must be included in the examination report. The examiner is asked to describe the current nature and severity of the Veteran's lumbar spine disability. All pertinent symptomatology and findings should be reported in detail in accordance with VA rating criteria. Range of motion in active motion, passive motion, weight-bearing, and nonweight-bearing must be conducted. 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 rationale for all opinions expressed must be provided. In particular, the examiner is directed to estimate the degree of functional loss during flareups and with repeated use over time, as represented by lost range of motion of the lumbar spine. The examiner must elicit from the Veteran such information as is necessary to make such a determination. It is understood that any determination of functional loss in situations not under direct observation is an estimate, the furnishing of which may require the examiner to engage in a degree of speculation. GAYLE STROMMEN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Z. Sahraie, 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.