Citation Nr: 21066801 Decision Date: 11/02/21 Archive Date: 11/02/21 DOCKET NO. 14-28 731A DATE: November 2, 2021 REMANDED A disability rating in excess of 10 percent for a right ankle disability is remanded. A total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1992 to August 1994. In July 2020, the Board denied a higher disability rating for a right ankle disability and entitlement to a TDIU. The Veteran appealed the Board's decision to the Court of Appeals for Veterans Claims (Court). In July 2021, the Court issued a Memorandum Decision, vacating the decision with respect to the issues described above, and remanding the matter to Board for further action. 1. A disability rating in excess of 10 percent for a right ankle disability is remanded. A remand is necessary in light of the July 2021 decision issued by the Court, Correia v. McDonald, 28 Vet. App. 158 (2016). In Correia, the Court concluded that 38 C.F.R. § 4.59 required VA examinations to include joint testing for pain on both active and passive range of motion, as well as with weight-bearing and nonweight-bearing. The Court further found that, if possible, the VA examiner should also include range of motion measurements of the opposite undamaged joint. Although the Veteran was afforded VA examinations in June 2013 and October 2019, those examination reports do not satisfy the requirements under Correia in order for the Board to properly evaluate the disorders. As such, an additional VA examination is required. 2. A total disability rating based on individual unemployability (TDIU) is remanded. Additionally, the issue of entitlement to a TDIU is inextricably intertwined with the remanded issue of an increased rating for a right ankle disability. Thus, it is likewise remanded pending the development requested below. Parker v. Brown, 7 Vet. App. 116 (1994); Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (issues are "inextricably intertwined" when a decision on one issue would have a "significant impact" on a veteran's claim for the second issue). The matters are REMANDED for the following actions: 1. Identify and obtain any outstanding, pertinent, VA and private treatment records and associate them with the claims file. 2. Schedule the Veteran for a VA examination to assess the current status of his right ankle disability. The entire claims file should be made available to, and reviewed by, the examiner. Any indicated studies should be performed. The examiner should report all signs and symptoms necessary for rating the Veteran's service-connected right ankle disability. In particular, the examiner should provide the range of motion in degrees and test the Veteran's range of motion in active and passive motion, weight-bearing and nonweight-nearing, for both ankles. 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 so in the report. The presence of objective pain, excess fatigability, incoordination, and weakness should also be noted, as should any additional disability, to specifically include additional limitation of motion, due to these factors. 3. After the above development, and any additionally indicated development has been completed, readjudicate the issues on appeal, including the inextricably intertwined issue of entitlement to TDIU. DUSTIN L. WARE Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Yacoub, 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.