Citation Nr: 21008592 Decision Date: 02/17/21 Archive Date: 02/17/21 DOCKET NO. 12-05 669 DATE: February 17, 2021 REMANDED Entitlement to an increased rating for a lumbar spine disability, rated 10 percent prior to August 17, 2015, and 20 percent as of August 17, 2015, is remanded. REASONS FOR REMAND Entitlement to an increased rating for a lumbar spine disability, rated 10 percent prior to August 17, 2015, and 20 percent as of August 17, 2015, is remanded. The Veteran contends that he is entitled to an increased rating because his symptoms are worse than contemplated by the currently assigned rating. On VA examination in April 2018, the Veteran had initial forward flexion of the thoracolumbar spine to 60 degrees. Extension was to 20 degrees. Right lateral flexion was to 20 degrees. Left lateral flexion was to 20 degrees. Right lateral rotation was to 20 degrees. Left lateral rotation was to 20 degrees. The Veteran denied experiencing flare-ups and no additional loss of function or range of motion was found after repetitive-use testing. The Veteran did not have ankylosis, IVDS, or muscle spasm of the thoracolumbar spine on examination. When VA obtains an examination or opinion, the examination or opinion must be adequate. Barr v. Nicholson, 21 Vet. App. 303 (2007). In the April 2018 examination, the examiner found that Veteran experienced pain on active and passive motion with and without weight-baring. The parties to the August 2020 Joint Motion for Remand agreed that it was unclear whether the examiner provided the range of motion measured on active and passive motion with and without weight-bearing. Therefore, an examination is necessary to measure the Veteran’s range of motion on active and passive motion and motion with and without weight-bearing. The matters are REMANDED for the following action: Schedule the Veteran for a VA spine examination conducted by a medical doctor to assist in determining the current severity of the service-connected lumbar spine and right lower extremity radiculopathy disabilities. The examiner must review the record and should note that review in the report. A rationale for all opinions should be provided. The examiner should: (a) Provide ranges of motion for passive and active motion of the lumbar spine and for weight-bearing and nonweight-bearing. The examiner should state whether there is any additional loss of lumbar spine function due to painful motion, weakened motion, excess motion, fatigability, or incoordination. (b) Indicate whether, and to what extent, the Veteran experiences functional loss of the lumbar spine due to pain or any other symptoms during flare-ups or with repeated use. (c) Note any incapacitating episodes associated with the lumbar spine disability, and their frequency and duration. An incapacitating episode is a period of acute signs and symptoms that requires bed rest prescribed by a physician and treatment by a physician. (d) State whether or not there is any ankylosis of the spine or any segment of the spine. (e) Describe any lower extremity neurologic disabilities identified as due to the service-connected lumbar spine and lower extremity disabilities, the nerves affected, and the level of impairment. (f) Address the impact of the lumbar spine and lower extremity disabilities on the Veteran’s vocational pursuits. Harvey P. Roberts Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K. Cross, 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.