Citation Nr: 21007891 Decision Date: 02/11/21 Archive Date: 02/11/21 DOCKET NO. 13-09 529A DATE: February 11, 2021 REMANDED Entitlement to an initial rating in excess of 10 percent for chronic lumbar strain prior to April 25, 2017, and in excess of 20 percent thereafter is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from February 1969 to February 1971, and from June 13, 1992, to June 27, 1992, with additional service in the National Guard. This matter comes before the Board of Veterans’ Appeals (Board) from a May 2011 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). 1. Entitlement to an initial rating in excess of 10 percent for chronic lumbar strain prior to April 25, 2017, and in excess of 20 percent thereafter is remanded.. The Veteran reported painful flare-ups at VA spine examinations in March 2011 and April 2017. Those examiners did not provide range of motion measurements, either upon testing or estimated, for flare-ups. The April 2017 examiner stated that he could not provide range of motion measurements due to painful flare-ups because the examination was not conducted during a flare-up. The Veteran presented for a VA spine examination in November 2020 but did not report painful flare-ups at that examination, and the examiner did not explain whether the Veteran’s flare-ups had resolved since the April 2017 examination or otherwise explain the discrepancy. Thus, remand is warranted for an addendum opinion regarding additional loss of lumbar spine motion due to flare-ups as identified at the March 2011 and April 2017 examinations. Any outstanding VA and private treatment records should also be secured. The matters are REMANDED for the following action: 1. Obtain updated VA treatment records. 2. With any necessary assistance from the Veteran, secure any relevant outstanding private treatment records. 3. Then obtain an addendum opinion from the same examiner who conducted the November 2020 examination, or other examiner, if unavailable. An updated examination is not required unless indicated by the examiner. Considering the Veteran’s reported history during the March 2011 and April 2017 VA examinations, please provide an opinion describing functional impairment of the lumbar spine disability due to flare-ups, accounting for pain, incoordination, weakened movement, and excess fatigability on use, and, to the extent possible, report such impairment in terms additional loss of motion. If unable to provide such an opinion without resorting to speculation, please provide a rationale for this conclusion, with specific consideration of the instructions in the VA Clinician’s Guide to estimate, “per [the] veteran,” what extent, if any, flare-ups affect functional impairment. If the examiner states that an estimate is not possible due to the examination not being conducted during a flare-up, the opinion will be returned as inadequate. A complete rationale should be given for all opinions and conclusions expressed. If unable to opine without resorting to speculation, please provide a basis for reaching this conclusion. S. BUSH Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. deBruyn, 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.