Citation Nr: 21070869 Decision Date: 11/26/21 Archive Date: 11/26/21 DOCKET NO. 15-35 264A DATE: November 26, 2021 REMANDED Entitlement to a rating in excess of 30 percent for posttraumatic stress disorder (PTSD) is remanded. Entitlement to a rating in excess of 10 percent for a low back strain with degenerative changes prior to September 20, 2019, and in excess of 20 percent thereafter is remanded. Entitlement to a rating in excess of 10 percent for left lower extremity radiculopathy is remanded. Entitlement to a rating in excess of 10 percent for recurrent right ankle sprain is remanded. REASONS FOR REMAND The Veteran, who is the appellant in this case, had service from October 1984 to May 1992 and from July 2004 to April 2005. In August 2020, the Board denied, in relevant part, a rating in excess of 30 percent for PTSD, a staged rating in excess of 10 percent for a low back strain with degenerative changes prior to September 20, 2019, and in excess of 20 percent thereafter, a rating in excess of 10 percent for recurrent right ankle sprain, and a rating in excess of 10 percent for left lower extremity radiculopathy. The Veteran appealed the Board's decision, in part, to the United States Court of Appeals for Veterans Claims (Court). In June 2021, the Court issued an Order granting a Joint Motion for Partial Remand by the parties, vacating the decision with respect to the issues described above, and remanding the matter to the Board for further action. 1. A rating in excess of 30 percent for PTSD is remanded. The Veteran indicated that he received treatment at the Taylor Street Vet Center in Washington, D.C., but only records prior to July 2013 have been associated with the record. The Board is aware that there are possible subsequent records from July 2013 to 2018 that may exist, but have not been requested. A remand is required to allow VA to request these potentially relevant records. 2. A rating in excess of 10 percent for a low back strain with degenerative changes prior to September 20, 2019, and in excess of 20 percent thereafter is remanded. While the record contains contemporaneous VA examinations regarding the Veteran's low back strain, the examination does not comply with the requirements in Sharp v. Shulkin, 29 Vet. App. 26, 34-36 (2017). The VA examiner indicated that Veteran suffered functional loss from pain, and that this loss could be described in range of motion measurements; however, the measurements provided were identical to the baseline range of motion measurements recorded. The Veteran's representative contends that the December 2019 VA examiner's description of the Veteran's flare-ups as "[s]itting too long probably[,]" and his functional loss therefrom as "[l]ike if [he starts] doing work around the house, [he has] to rest and take Motrin[,]" were insufficient and did not offer meaningful insight into the severity, frequency, duration, precipitating and alleviating factors, and extent of functional impairment. 3. A rating in excess of 10 percent for left lower extremity radiculopathy is remanded. The Board notes that the issue of a rating in excess of 10 percent for left lower extremity radiculopathy cannot be adjudicated until the issue of a rating in excess of staged ratings in excess of 10 percent for low back strain with degenerative changes prior to September 20, 2019, and in excess of 20 percent thereafter is addressed because they are intertwined. See Parker v. Brown, 7 Vet. App. 116 (1994); Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (two issues are "inextricably intertwined" when they are so closely tied together that a final Board decision cannot be rendered unless both are adjudicated). 4. A rating in excess of 10 percent for recurrent right ankle sprain is remanded. While the record contains contemporaneous VA examinations regarding the Veteran's recurrent right ankle sprain, the examinations do not comply with the requirements in Correia v. McDonald, 28 Vet. App. 158, 168 (2016). The examinations do not contain passive range of motion measurements, pain on weight-bearing testing, or testing the opposite joint. The matters are REMANDED for the following action: 1. Obtain the Veteran's treatment records from the Taylor Street Vet Center in Washington, D.C. for the period from July 2013 to January 2019. 2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected low back strain with degenerative changes. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability 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. 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). Furthermore, the examiner must attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups. If it is not possible to provide a specific measurement based on direct observation, the examiner should provide an estimate, if at all possible, of the additional impairment due to flare-ups based on the other evidence of record and the Veteran's statements. 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). 3. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected recurrent right ankle sprain. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability 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. 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). Furthermore, the examiner must attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups. If it is not possible to provide a specific measurement based on direct observation, the examiner should provide an estimate, if at all possible, of the additional impairment due to flare-ups based on the other evidence of record and the Veteran's statements. 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). H. SEESEL Veterans Law Judge Board of Veterans' Appeals Attorney for the Board R. Connally, 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.