Citation Nr: 21008029 Decision Date: 02/11/21 Archive Date: 02/11/21 DOCKET NO. 15-13 640 DATE: February 11, 2021 REMANDED The issue of entitlement to an initial evaluation in excess of 10 percent disabling for service-connected degenerative disc disease (DDD) with spondylolisthesis, lumbar spine, is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1972 to October 1977, and from June 1978 to April 1979. In March 2019, the Board remanded the remaining issue on appeal for additional development. For the reasons outlined below, remand is again needed. The Board acknowledges that a VA Form 21-22 was submitted in November 2015, identifying a new VSO. This form was signed by the Veteran and the VSO representative, J.K.C. Accompanying this form was a statement noting the attached VA Form 21-22, and requesting that a copy of all correspondence be sent to J.C. (i.e., the same name on the VA Form 21-22 without the middle initial “K.”) The Board interprets this statement as further identification of the Veteran’s representative, and not as a request for documents. Accordingly, the Board will proceed with development of the Veteran’s appeal. Entitlement to an initial evaluation in excess of 10 percent disabling for service-connected DDD with spondylolisthesis, lumbar spine. The Board finds that additional development is needed prior to final adjudication of the remaining issue on appeal. First, the Board finds that there may be outstanding records from the Social Security Administration (SSA) to obtain and associate with the record. See SSA Inquiry Results, October 2019. Any outstanding, relevant records should be obtained upon remand. In addition, the Board finds that another attempt should be made to schedule the Veteran for a VA examination. In the March 2019 remand, the Board directed that the Veteran be scheduled for a new VA examination. The Board appreciates the attempts that were made to contact the Veteran. Nevertheless, as the Board is remanding this matter, it will again afford the Veteran the opportunity to respond and appear for examination. The matter is REMANDED for the following action: 1. After securing any necessary consent forms from the Veteran, obtain any outstanding treatment records, to include any VA and/or private treatment records, pertaining to the issue on appeal. In addition, obtain relevant records from the SSA pertaining to any application or award of disability benefits to the Veteran. All efforts should be documented in the claim file. If any records could not be obtained, this should be noted in the claim file. 2. Upon completion of the above, schedule the Veteran for a VA examination to evaluate the current level of severity of his service-connected spine disability. The claim folder and all pertinent treatment records should be made available to the examiner for review, and review of such records should be noted in any subsequent report. If the examiner is unable to conduct the required testing or concludes that the required testing is not necessary in this case, he or she should clearly explain why that is so. The examiner is asked specifically to provide range of motion testing (ROM) active motion, passive motion, weight-bearing, and nonweight-bearing. In addition, the examiner must discuss pain for ROM movements on active, passive, and repetitive use testing. The examiner is asked to address the following questions: (a) Are any ROM movements painful on active, passive, and repetitive use testing? If yes, identify whether active, passive, and repetitive use. (b) If yes (there are painful movements), does the pain contribute to functional loss or additional limitation of ROM? Please further describe the functional loss or additional limitation of ROM. (c) If no (the pain does not contribute to functional loss or additional limitation of ROM), explain why the pain does not contribute. In addition, the examiner must discuss pain when used in weight-bearing or in nonweight-bearing. The examiner is asked to address the following questions: (a) Is there pain when the joint is used in weight-bearing or nonweight-bearing? If yes, identify whether weight-bearing or nonweight-bearing. (b) If yes (there is pain when used in weight-bearing or nonweight-bearing), does the pain contribute to functional loss or additional limitation of ROM? Please further describe these limitations. (c) If no (the pain does not contribute to functional loss or additional limitation of ROM), explain why the pain does not contribute. For all ranges and planes of motion where pain is noted, the exact point at which pain starts must be clearly noted. The examiner must also attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups, as expressed in range of motion. To the extent possible, the examiner should identify any symptoms and functional impairments due to the spine disability and discuss the effect of the Veteran’s spine disability on any occupational functioning and activities of daily living. The examiner should state whether or not there are any neurologic disabilities that are the result of the spine disability.   3. If upon completion of the above action the issue is denied, the case should be returned to the Board after compliance with appellate procedures. E. I. VELEZ Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K. Foster, 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.