Citation Nr: 21007078
Decision Date: 02/08/21	Archive Date: 02/08/21

DOCKET NO. 18-20 835
DATE: February 8, 2021

REMANDED

Entitlement to an initial rating higher than 20 percent for degenerative disc disease (DDD) of the lumbar spine and thoracic spine strain (hereinafter “thoracolumbar disability”) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1989 to June 2013.  

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2013 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO) which, in pertinent part, granted service connection for a thoracolumbar disability, assigning an initial 10 percent rating for that disability from July 1, 2013, the day after the Veteran’s separation from active service.

In December 2018, the Board remanded this matter for additional development.

In a subsequent June 2020 rating decision, the RO increased the rating for the thoracolumbar disability to 20 percent, effective July 1, 2013.

Although the Board regrets the additional delay, a remand is necessary.

Pursuant to the Board’s December 2018 remand, the Veteran underwent a VA medical examination in October 2019. The Board finds the October 2019 back examination is inadequate. While the Veteran reported functional loss due to pain during flare-ups, the examiner failed to provide an estimate of the additional range of motion loss during flare-ups. Sharp v. Shulkin, 29 Vet. App. 26 (2017). As such, the Veteran should be afforded a new examination to determine the severity and manifestations of his service-connected thoracolumbar disability. Barr v. Nicholson, 21 Vet. App. 303, 312 (2007).

The matters are REMANDED for the following action:

Schedule the Veteran for a VA examination to determine the nature and severity of his service-connected thoracolumbar disability, to include DDD of the lumbar spine and thoracic spine strain. The claims file must be made available to the examiner for review in connection with the examination.

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 and after repeated use over time.  This level of functional loss should be provided in range of motion measurements.  To the extent possible, the examiner should identify any symptoms and functional impairments due to the Veteran’s thoracolumbar DDD alone and discuss the effect of the Veteran’s disability on any occupational functioning and activities of daily living.  If it is not possible to provide a specific measurement, or an opinion regarding flare-ups, symptoms, or functional impairment 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).

 

 

K. Conner

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Norwood, 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.