Citation Nr: 21070734 Decision Date: 11/24/21 Archive Date: 11/24/21 DOCKET NO. 13-33 036 DATE: November 24, 2021 REMANDED 1. Entitlement to an initial rating higher than 10 percent for a disability of the right foot, including degenerative arthritis, is remanded. 2. Entitlement to an initial rating higher than 10 percent for a disability of the left foot, including degenerative arthritis, is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1987 to November 1987 and from October 1990 to June 2011. This matter comes before the Board of Veterans' Appeals (Board) from a June 2012 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). This appeal has a lengthy history. Most recently, it was remanded by the Board in July 2021 in order to correct a failure to substantially comply with a prior February 2021 Board remand. Specifically, the Board explained: In complying with the parties' June 2020 CAVC JMR, the Board remanded for a new VA medical examination, one that includes range of motion measurements relative to findings of pain on weight bearing, non-weight bearing, and active motion in both feet. See March 2018 VA examination report. Now associated with the Veteran's claims file is a May 2021 VA examination report indicating that the Veteran experiences pain resulting in functional loss with flare-ups/repeated use over time, and with passive and active motion; however, range of motion measurements were not provided therein as required by Correia and Sharp. See Correia v. McDonald, 28 Vet. App.158 (2016); see also Sharp v. Shulkin, 29 Vet. App. 26 (2017). As such, the Board does not find that its February 2021 remand directives were substantially complied with, and therefore, unfortunately, another remand is required prior to the adjudication of the Veteran's increased rating claims on appeal. See Stegall v. West, 11 Vet. App. 268, 271 (1998). The corresponding Remand directive ordered [In addition to all other data elicited for both feet, the VA examiner must also report range of motion measurements for active and passive motion, in weight-bearing and non-weight-bearing, and with/during flare-ups and repeated use over[ ]time. Any additional range of motion loss should be described in degrees. If the examiner is unable to provide the requested opinion, he or she should clearly explain why. The Veteran was afforded a C&P examination on August 18, 2021. However, inexplicably, the instructions provided to the examiner stated, "Specific joint range of motion measurements in degrees do not need to be documented." See August 2021 Disability Benefits Questionnaire, p. 11. The Board's specific instructions were not provided to the examiner and, unsurprisingly given the instructions provided, the examiner did not provide range of motion measurements. Regretfully, there has still not been substantial compliance with the Board remand directives. Stegall, 11 Vet. App. 268. Accordingly, yet another remand is required to correct the Stegall errors and obtain adequate range of motion measurements. The matters are REMANDED for the following action: 1. Return the Veteran's claims file to the VA examiner who conducted the August 2021 medical examination. If the August 2021 VA examiner is not available, then schedule the Veteran for a medical examination with a similarly qualified examiner in order to answer this narrow request: Report range of motion measurements for active and passive motion, in weight-bearing and non-weight-bearing, and with/during flare-ups and repeated use over time. Any additional range of motion loss should be described in degrees. If the examiner is unable to provide the requested opinion, he or she should clearly explain why. LAURA E. COLLINS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Brewer, 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.