Citation Nr: 21076315 Decision Date: 12/23/21 Archive Date: 12/23/21 DOCKET NO. 17-53 963 DATE: December 23, 2021 REMANDED Entitlement to an initial compensable rating for Iliopsoas tendinitis, limitation of extension of the left thigh, is remanded. Entitlement to an initial compensable rating for Iliopsoas tendinitis, limitation of abduction of the left thigh, prior to September 21, 2020, is remanded. Entitlement to a rating in excess of 10 percent for Iliopsoas tendinitis, limitation of abduction of the left thigh, from September 21, 2020, is remanded. REASONS FOR REMAND The Veteran served on active duty from February 2001 to August 2014. This appeal comes before the Board of Veterans' Appeals (Board) from a May 2017 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In June 2020, the Veteran testified before the undersigned Veterans Law Judge (VLJ). A hearing transcript is associated with the record. In June 2020 and August 2021, the Board remanded the claims for further development. 1. Entitlement to an initial compensable rating for Iliopsoas tendinitis, limitation of extension of the left thigh, is remanded. 2. Entitlement to an initial compensable rating for Iliopsoas tendinitis, limitation of abduction of the left thigh, prior to September 21, 2020, is remanded. 3. Entitlement to a rating in excess of 10 percent for Iliopsoas tendinitis, limitation of abduction of the left thigh, from September 21, 2020, is remanded. Issues 1-3. The Veteran, and his representative, contends that a higher rating is warranted for his disabilities. To ensure that VA has met its duty to assist, the claims must be remanded for further development. Barr v. Nicholson, 21 Vet. App. 303 (2007). Here, the medical evidence of record is less than adequate to decide the claims on appeal. In August 2021, the Board remanded the claims for, among other things, a VA retrospective medical opinion. Subsequently, in September 2021, the Veteran underwent a VA examination for his left thigh. VA medical opinion, also dated in September 2021, in providing retrospective findings for the April 2017 VA examination report, directs the Board to the September 2021 VA examination report. A review of the examination report, however, does not reveal retrospective findings for the April 2017 VA examination report. Indeed, at most, the report of examination shows the current severity of the Veteran's service-connected left thigh disabilities. Further, the opinion is not shown to be responsive to the Board's question, as the opinion does not directly provide the retrospective findings for the April 2017 VA examination report, as requested in the August 2021 Board remand. Accordingly, as the Board has a duty to ensure compliance with the terms of its remand, remand is again required. Stegall v. West, 11 Vet. App. 268 (1998). In remanding these matters, the Board makes no finding, implicit or otherwise, as to the credibility of the Veteran's assertions. Neither the Veteran's credibility nor any lack thereof should be presumed in this remand. The matters are REMANDED for the following actions: 1. Obtain the Veteran's VA treatment records for the period from October 2021 to the Present. 2. Obtain retrospective findings from an appropriate clinician to determine the severity of the Veteran's service-connected left thigh disabilities for the below identified past examination. If it is not possible to provide a specific measurement without speculation, the clinician 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 clinician (does not have the knowledge or training). In rendering the below, the clinician should estimate the effective range of motion (ROM) for the disability and present the results of ROM tests in a written report which complies with 38 C.F.R. § 4.59 by recording separate sets of the ROM test results for both active and passive motion, and in weightbearing and non-weightbearing. (a) Provide an addendum retrospective opinion for the Veteran's service-connected left thigh disabilities (limitation of extension and abduction of the left thigh) to supplement the April 2017 VA Examination Report that: (i) Estimates the amount in degrees of ROM lost due to pain in both weightbearing and non-weight bearing positions, and on both active and passive motion based on the evidence of record and the Veteran's statements. 3. Readjudicate. C.A. SKOW Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Griffey, 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.