Citation Nr: 21072124
Decision Date: 12/02/21	Archive Date: 12/02/21

DOCKET NO. 15-42 722
DATE: December 2, 2021

REMANDED

A rating in excess of 10 percent for a cervical spine strain prior to February 26, 2019, and for a rating in excess of 20 percent thereafter.

A rating in excess of 10 percent for degenerative disc disease (DDD) of the lumbar spine prior to February 26, 2019, and for a rating in excess of 20 percent thereafter.

REASONS FOR REMAND

Additional development is necessary prior to deciding the claims on appeal.  This case returns to Board following an August 2021 Board remand pursuant to a February 2021 joint motion for partial remand (JMPR) from the Veterans Claims Court.

The August 2021 remand instructed the Regional Office (RO) to conduct VA examinations to determine the current level of severity of both the Veteran's service-connected cervical and lumbar spine disabilities.  This was completed as requested.

Additionally, the JMPR requested retrospective opinions to assess the level of impairment during flareups for each disability prior to February 26, 2019, as August 2015 VA examinations failed to estimate the degree of impairment caused by flareups; however, no opinions were provided. As such, a remand for retrospective opinions is necessary.  

The matters are REMANDED for the following actions:

1.  Obtain and associate any outstanding VA treatment records with the claims file.

2.  Refer the claims file to a clinician for the following:

(a.)  Assess the degree of loss of motion during flareups of the Veteran's lumbar spine disability prior to February 26, 2019.

(b.)  Assess the degree of loss of motion during flareups of the Veteran's cervical spine disability prior to February 26, 2019.

The clinician should specifically reference the range of motion measurements taken during the August 2015 VA examinations when making their estimations.

If the clinician is unable to make a retrospective assessment of the level of impairment during flare-ups prior to February 26, 2019, provide an explanation as to why this cannot be determined.   

 

 

L. HOWELL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Brendan Evans, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.