Citation Nr: 21069870 Decision Date: 11/22/21 Archive Date: 11/22/21 DOCKET NO. 14-14 833 DATE: November 22, 2021 REMANDED Entitlement to an initial rating greater than 10 percent for left hip limitation of flexion is remanded. Entitlement to an initial compensable rating for left hip limitation of extension is remanded. Entitlement to an initial compensable rating for left thigh impairment prior to September 1, 2016, is remanded. Entitlement to a rating greater than 20 percent for left thigh impairment from September 1, 2016 is remanded. REASONS FOR REMAND The Veteran had active service from October 1982 to September 1992. He appealed a June 2012 rating decision by the Agency of Original Jurisdiction (AOJ). These matters were remanded for further development in October 2015, June 2018, September 2020, and August 2021. Unfortunately, another remand is required. The August 2021 remand directed the AOJ to afford the Veteran a hip examination. The Board instructed that if the Veteran was unable to participate in range of motion testing, the examiner was to elicit statements from the Veteran describing his limitation of motion and attempt to estimate range of motion of the left hip based on those statements. The Veteran was afforded an examination in September 2021. The examiner reported that the Veteran was in a motorized wheelchair and unable to stand for any length of time to conduct range of motion testing. See September 2021 Disability Benefits Questionnaire, pg. 4. However, the examiner did not elicit statements from the Veteran describing his limitation of motion, nor did the examiner offer any estimate of the Veteran's limitation of motion. Thus, there has not been substantial compliance with the Board's directive and a new examination is required. Stegall v. West, 11 Vet. App. 268, 271 (1998). Separately, the Board notes that a November 2018 VA physical therapy consult stated the Veteran was receiving physical therapy at D.H. Although excerpts of records from D.H. were received in October 2020 and July 2021, it is unclear whether these records are complete. As the excerpts indicate the Veteran performed hip exercises as part of his therapy, they are relevant to his increased rating claims. Thus, on remand the AOJ should obtain any outstanding private treatment records, to include complete records from D.H. The matters are REMANDED for the following actions: 1. Obtain any updated relevant VA and/or private treatment records that have not already been received, to include complete records from D.H., and associate the same with the claims file. 2. Thereafter, schedule the Veteran for an examination by an appropriate examiner, other than the September 2021 examiner, to determine the current severity of his service-connected left hip disabilities. The examiner should report all signs and symptoms necessary for evaluating the Veteran's left hip disabilities under the rating criteria. In so doing, the examiner must test the Veteran's active motion, passive motion, and pain with weight-bearing and without weight-bearing, and elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups. If the Veteran is unable to perform range of motion testing, to the extent possible, the examiner should elicit descriptions from the Veteran regarding the functionality of his hip. Based on the Veteran's descriptions, the examiner should then attempt to estimate the range of motion findings of the left hip, to include after repeated use over time and during flare-ups. If it is not possible to provide a specific measurement without speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner (does not have the knowledge or training). (Continued on the next page) 3. After the above has been completed, readjudicate the claims. If any benefit sought remains denied, provide the Veteran and his representative with a supplemental statement of the case (SSOC), and return the case to the Board. DONNIE R. HACHEY Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Pelican, Luke H. 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.