Citation Nr: 21011951 Decision Date: 03/03/21 Archive Date: 03/03/21 DOCKET NO. 14-34 354A DATE: March 3, 2021 ORDER An initial rating in excess of 20 percent prior to February 4, 2020, and in excess of 40 percent from February 4, 2020, for lumbar degenerative disc disease with anterolisthesis is denied. An initial rating in excess of 10 percent prior to July 30, 2018, for service-connected right ankle degenerative joint disease is denied. A 20 percent rating from July 30, 2018, for service-connected right ankle degenerative joint disease is granted, subject to the regulations governing the payment of monetary awards. REMANDED Entitlement to an initial rating in excess of 10 percent for right-sided sciatic is remanded. FINDINGS OF FACT 1. Prior to February 4, 2020, the Veteran’s service-connected lumbar degenerative disc disease with anterolisthesis was manifested by symptoms that included pain but did not exhibit or more nearly approximate forward flexion of the thoracolumbar spine to 30 degrees or less or, favorable ankylosis of the entire thoracolumbar spine during the entire appeal period, or incapacitating episodes of intervertebral disc syndrome (IVDS), even when considering additional functional loss. 2. From February 4, 2020, the Veteran’s service-connected lumbar degenerative disc disease with anterolisthesis has been manifested by symptoms including pain, but no unfavorable ankylosis, or incapacitating episodes of IVDS. 3. From April 8, 2011, through July 29, 2018, the Veteran’s service-connected right ankle disability did not result in marked symptomatology or limitation of motion. 4. Beginning July 30, 2018, the Veteran’s service-connected right ankle disability resulted in marked symptomatology and limitation of motion. CONCLUSIONS OF LAW 1. The criteria for a rating in excess of 20 percent prior to February 4, 2020, and in excess of 40 percent from February 4, 2020, for lumbar degenerative disc disease with anterolisthesis have not been met. 38 U.S.C. § 1155; 38 C.F.R. §§ 3.102, 4.1, 4.2, 4.7, 4.40, 4.45, 4.71a, Diagnostic Code (DC) 5242. 2. Prior to July 30, 2018, the criteria for an initial rating in excess of 10 percent for right ankle degenerative joint disease were not met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 3.102, 4.3, 4.7, 4.40, 4.45, 4.59, 4.71a, DC 5271 (2020). 3. From July 30, 2018, the criteria for a 20 percent rating, but no higher, for right ankle degenerative joint disease are met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 3.102, 4.3, 4.7, 4.40, 4.45, 4.59, 4.71a, DC 5271 (2020); 85 Fed. Reg. 76453, 76484 (Nov. 30, 2020) (to be codified at 38 C.F.R. § 4.71a, Diagnostic Code 5271). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from June 1966 to April 1969. He testified at a hearing before the undersigned in July 2018. These matters were remanded by the Board in August 2018, September 2019, and October 2020 for additional development. Initial Ratings Disability evaluations are determined by application of the VA Schedule for Rating Disabilities, which is based on average impairment of earning capacity. Separate diagnostic codes identify the various disabilities. 38 U.S.C. § 1155; 38 C.F.R. Part 4. Each disability must be viewed in relation to its history and there must be emphasis upon the limitation of activity imposed by the disabling condition. 38 C.F.R. § 4.1. Where there is a question as to which of two disability evaluations shall be applied, the higher evaluation is to be assigned if the disability picture more nearly approximates the criteria required for that rating. Otherwise, the lower rating is to be assigned. 38 C.F.R. § 4.7. It is not expected that all cases will show all the findings specified; however, findings sufficiently characteristic to identify the disease and the disability therefrom and coordination of rating with impairment of function will be expected in all instances. 38 C.F.R. § 4.21. All benefit of the doubt will be resolved in the Veteran’s favor. 38 C.F.R. § 4.3. Veteran’s entire history is to be considered when assigning disability ratings. 38 C.F.R. § 4.1; Schafrath v. Derwinski, 1 Vet. App. 589 (1995). The Board will consider entitlement to staged ratings to compensate for times since filing the claim when the disability may have been more severe than at other times during the course of the claim on appeal. Fenderson v. West, 12 Vet. App. 119 (1999); Hart v. Mansfield, 21 Vet. App. 505 (2007). When evaluating musculoskeletal disabilities based on limitation of motion, 38 C.F.R. § 4.40 requires consideration of functional loss caused by pain or other factors listed in that section that could occur during flare-ups or after repeated use and, therefore, not be reflected on range-of-motion testing. Additionally, 38 C.F.R. § 4.45 requires consideration also be given to less movement than normal, more movement than normal, weakened movement, excess fatigability, incoordination, and pain on movement. See DeLuca v. Brown, 8 Vet. App. 202 (1995); see also Mitchell v. Shinseki, 25 Vet. App. 32, 44 (2011). Nonetheless, even when the background factors listed in § 4.40 or 4.45 are relevant when evaluating a disability, the rating is assigned based on the extent to which motion is limited, pursuant to 38 C.F.R. § 4.71a; a separate or higher rating under § 4.40 or 4.45 itself is not appropriate. See Thompson v. McDonald, 815 F.3d 781, 785 (Fed. Cir. 2016) (“[I]t is clear that the guidance of § 4.40 is intended to be used in understanding the nature of the veteran’s disability, after which a rating is determined based on the § 4.71a criteria.”). Under 38 C.F.R. § 4.59, painful motion is a factor to be considered with any form of arthritis; however, 38 C.F.R. § 4.59 is not limited to disabilities involving arthritis. See Burton v. Shinseki, 25 Vet. App. 1 (2011). In Correia v. McDonald, 28 Vet. App. 158 (2016), the United States Court of Appeals for Veterans Claims (Court) held that the final sentence of 38 C.F.R. § 4.59 requires that the examiner record the results of range of motion testing “for pain on both active and passive motion [and] in weight-bearing and non-weight-bearing and, if possible, with range of motion measurements of the opposite undamaged joint.” The spine has no opposite joint. In Sharp v. Shulkin, 29 Vet. App. 26 (2017), the Court held that VA examiners must obtain information about the severity, frequency, duration, precipitating and alleviating factors, and extent of functional impairment of flares from the veterans themselves, when a flare-up is not observable at the time of examination. The Board notes that effective February 7, 2021, during the pendency of this appeal, VA’s Schedule, 38 C.F.R. Part 4, was amended with regard to rating musculoskeletal disabilities. 85 Fed. Reg. 76453 (Nov. 30, 2020). VA’s General Counsel, in a precedent opinion, has held that when a new regulation is issued while a claim is pending before VA, unless clearly specified otherwise, VA must apply the new provision to the claim from the effective date of the change as long as the application would not produce retroactive effects. VAOPGCPREC 7-03; 69 Fed. Reg. 25179 (2003). The amended versions may only be applied as of their effective date. Before that time, only the former version of the regulation may be applied. VAOPGCPREC 3-00; 65 Fed. Reg. 33422 (2000). Importantly, the former version remains for consideration throughout the rating period on appeal, both prior to and after the effective date of the change. See Kuzma v. Principi, 341 F.3d 1327 (Fed. Cir. 2003). The periods relevant to this decision are prior to and after the February 7, 2021, amendments. 1. Lumbar Degenerative Disc Disease with Anterolisthesis The Veteran is service connected for degenerative disc disease with anterolisthesis, rated as 20 percent disabling prior to February 4, 2020, and 40 percent disabling from that date, pursuant to 38 C.F.R. § 4.71a, DC 5242. (He has a separate 10 percent disability rating in effect for associated right leg sciatica; this issue is ancillary to the current appeal. See July 2019 rating decision.) Spine disabilities are generally rated under the same formulas, except for intervertebral disc syndrome (IVDS) which has an alternate rating formula for incapacitating episodes. 38 C.F.R. § 4.71a, DCs 5235-5243. The Board notes that the Veteran does not have a diagnosis confirmed by imaging studies, and has not had any physician prescribed periods of bed rest as required under the Diagnostic Code; thus, the alternate rating formula does not apply. Moreover, while VA amended the criteria pertaining to rating IVDS, effective February 7, 2021, DC 5242 was only affected insofar as it was renamed degenerative disc disease other than intervertebral disc syndrome. See 85 Fed. Reg. 76453, 7662484 (Nov. 30, 2020) (to be codified at 38 C.F.R. § 4.71a, Diagnostic Codes 5242, 5243). As the Veteran does not have a confirmed diagnosis of IVDS, the revised musculoskeletal regulations are not for application in this case. Under the General Rating Formula for Diseases and Injuries of the Spine, a 10 percent rating is assigned when forward flexion of the thoracolumbar spine is greater than 60 degrees, but not greater than 85 degrees; or, when the combined range of motion of the thoracolumbar spine greater than 120 degrees, but not greater than 225 degrees; or when there is muscle spasm, guarding, or localized tenderness not resulting in abnormal gait or abnormal spinal contour; or vertebral body fracture with loss of 50 percent or more of the height. A 20 percent rating is warranted for forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees; or, combined range of motion of the thoracolumbar spine not greater than 120 degrees; or, muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis. A 40 percent rating is warranted for forward flexion of the thoracolumbar spine 30 degrees or less; or, favorable ankylosis of the entire thoracolumbar spine. A 50 percent rating is warranted for unfavorable ankylosis of the entire thoracolumbar spine. A 100 percent rating is warranted for unfavorable ankylosis of the entire spine. Id. a. Prior to February 4, 2020 For the period from April 8, 2011, through February 3, 2020, the Veteran has been assigned a 20 percent rating for degenerative disc disease with anterolisthesis. A June 2011 VA Spine Examination Report notes the Veteran’s history of back injury during a parachute jump in service. At that time, he complained of constant back pain aggravated by prolonged walking, bending and prolonged sitting, which was treated with injections from his chiropractor. The Veteran denied incapacitating episodes. On examination, his posture and gait were normal. No muscle spasms or muscle atrophy were shown. Range of motion testing of the thoracolumbar spine revealed flexion to 40 degrees; extension to 20 degrees; and bilateral flexion and bilateral rotation to 30 degrees. The examiner noted that the Veteran had pain throughout range of motion. There was no additional loss of range of motion with repetitive testing. X-ray studies revealed mild to moderate degenerative disc disease. There was no ankylosis and reflexes were normal. The examiner opined that the Veteran’s back disability caused decreased mobility and problems with lifting and carrying. An August 2013 VA outpatient treatment record notes that the Veteran’s gait was within normal limits. December 2018 VA X-ray studies showed advanced lumbar spondylosis with progression. A January 2019 MRI study revealed multilevel degenerative changes in the lumbar spine, most pronounced at L3-L4 with grade 1 anterolisthesis, degenerative disc disease, moderate to severe canal stenosis, moderate to severe right and moderate left neuroforaminal narrowing as well as marked bilateral facet hypertrophy. A May 5, 2019, VA Back Conditions Disability Benefits Questionnaire (DBQ) notes the Veteran’s complaints of daily back pain. He endorsed daily flare-ups of pain after getting out of bed and when changing positions. He reported that he was unable to bend to tie his shoes. He also could not walk, sit, or stand for long periods of time. Range of motion testing of the thoracolumbar spine revealed flexion to 55 degrees; extension to 30 degrees; and bilateral flexion and bilateral rotation to 20 degrees. The examiner noted that the Veteran had pain throughout range of motion and on weight bearing; it caused functional loss in the form of decreased motion. The Veteran declined to perform repetitive use testing because of a fear of pain. No muscle atrophy, muscle spasms, or guarding were shown on examination. There was no ankylosis. The Veteran denied using any assistive devices to ambulate. Sensory testing was within normal limits. Reflexes were hypoactive. Straight leg testing was positive on the right with mild symptoms of radiculopathy in the right leg involving the sciatic nerve. No other neurologic abnormalities, such as bowel or bladder problems, related to the Veteran’s lumbar spine disability were shown. The examiner indicated that the Veteran did not have IVDS of the lumbar spine; the diagnosis was degenerative disc disease with anteroloisthesis with right lower extremity sciatica. An August 2019 VA Back Conditions DBQ notes the Veteran’s complaints of back pain and stiffness, with monthly flare-ups precipitated by physical activity. He reported difficulty bending and walking for a long period of time. He also reported using a cane constantly. Range of motion testing of the thoracolumbar spine revealed flexion to 50 degrees; extension to 20 degrees; and bilateral flexion and bilateral rotation to 20 degrees each. The examiner noted that the Veteran had pain throughout range of motion and on weight bearing, nonweight bearing, and passive range of motion testing; it caused functional loss in the form of decreased range of motion. Repetitive use testing revealed flexion to 45 degrees; extension to 15 degrees; and bilateral flexion and bilateral rotation to 15 degrees each. The examiner noted that pain and lack of endurance caused functional loss in the form of decreased range of motion. The examiner estimated that during flare-ups, pain and lack of endurance would cause range of motion to be limited to flexion to 35 degrees; extension to 10 degrees; and bilateral flexion and bilateral rotation to 10 degrees each. No muscle atrophy, muscle spasms, or guarding were shown on examination. Muscle strength was full. There was no ankylosis. Sensory testing showed decreased sensation to light touch bilaterally. Reflexes were normal. Straight leg testing was positive on both sides with moderate symptoms of radiculopathy involving the sciatic nerves bilaterally. No other neurologic abnormalities, such as bowel or bladder problems, related to the Veteran’s lumbar spine disability were shown. The examiner indicated that the Veteran had IVDS of the lumbar spine but no episodes of acute signs or symptoms that required bed rest prescribed by a physician and treatment by a physician. The diagnosis was IVDS, and no longer degenerative disc disease with anteroloisthesis with right lower extremity sciatica. However, the examiner also noted that no imaging studies were conducted at the time of the examination. In light of the probative evidence above, the Board finds that a rating higher than 20 percent is not warranted for the Veteran’s service-connected back disability for the period prior to February 4, 2020. The evidence did not demonstrate forward flexion of the thoracolumbar spine that was 30 degrees or less or favorable ankylosis of the entire thoracolumbar spine (i.e. where the spine is fixed in a neutral or upright position). The evidence also did not demonstrate IVDS with incapacitating episodes. The Board acknowledges the Veteran’s lay reports of symptoms and complaints of functional loss due to pain and repetitive use. Even considering the Veteran’s lay reports of symptoms and noted functional loss; however, the degree of additional limitation reflected by the record would not result in limitation of motion more nearly approximating flexion limited to 30 degrees or ankylosis. Additionally, it is not shown that he had incapacitating episodes as defined by Note (1) of the Formula for Rating Intervertebral Disc Syndrome. See 38 C.F.R. § 4.71a. As the preponderance of the evidence is against the claim, the benefit-of-the-doubt doctrine does not apply. Accordingly, the Veteran’s claim for a rating in excess of 20 percent for service-connected degenerative disc disease with anterolisthesis prior to February 4, 2020, must be denied. 38 U.S.C. § 5107(b); Gilbert v. Derwinski, 1 Vet. App. 49 (1990). b. From February 4, 2020 For the period beginning February 4, 2020, the Veteran has been assigned a 40 percent rating for degenerative disc disease with anterolisthesis. A February 4, 2020 VA Back Conditions DBQ notes the Veteran’s complaints of constant back pain. He reported that physical therapy did not help very much and that he could barely walk 40 yards to pick up the mail. He also reported that he had stopped doing yard work, had trouble with chores such as making the bed, and had trouble getting dressed. He used a cane at all times. Range of motion testing of the thoracolumbar spine revealed flexion to 30 degrees; extension to 20 degrees; and right lateral flexion to 20 degrees; left lateral flexion to 15 degrees; right rotation to 30 degrees; and left rotation to 20 degrees. The examiner noted that the Veteran had pain on forward flexion and on weight bearing. Repetitive use testing revealed no additional loss of motion or function. The examiner opined that pain, weakness, fatigability, or incoordination would not significantly limit functional ability with repeated use over time. The examiner also opined the pain would limit functional ability during flare-ups. The additional loss of motion would vary according to the level of pain. No muscle atrophy or muscle spasms were shown on examination. Guarding resulted in straightening of lumbar curvature. Muscle strength was 4/5. There was no ankylosis. Sensory testing was normal. Reflexes were hypoactive. Straight leg testing was positive on both sides with no symptoms of radiculopathy. No other neurologic abnormalities, such as bowel or bladder problems, related to the Veteran’s lumbar spine disability were shown. The examiner stated that the Veteran did not have IVDS. From February 4, 2020, the evidence does not demonstrate the criteria to warrant a rating in excess of 40 percent. Namely, the Veteran’s low back disability has not resulted in unfavorable ankylosis of the thoracolumbar spine (i.e., the criteria for a higher 50 percent rating) even when considering functional loss due to pain, or incapacitating episodes requiring bed rest prescribed by a doctor. Therefore, the Board finds that a rating higher than 40 percent is not warranted for this period. The Board has carefully considered the VA examinations of record and whether they complied with Correia and Sharp. Significantly, however, to the extent that the examination findings of record relative to the spine are not completely in compliance with Correia and/or Sharp, the Board finds that remand for additional examination would serve no useful purpose. In that regard, the Board emphasizes that current examination findings would not be useful in adjudicating the rating assigned for the period prior to February 4, 2020, and any retrospective opinion would merely impose an additional burden on VA with no benefit flowing to the Veteran, as VA would be asking the examiner to speculate as to the pre-February 4, 2020, ranges of motion. Moreover, for any period from February 4, 2020, forward the Veteran is in receipt of a 40 percent rating. Ratings in excess of 40 percent for the lumbar spine do not involve assessment of range of motion, and a remand to obtain a current examination that complies with Correia and Sharp would also not be useful. 2. Right Ankle Degenerative Joint Disease The Veteran’s service-connected right ankle disability is assigned an initial 10 percent rating from April 8, 2011, under DC 5271 for ankle limitation of motion. Under DC 5271 prior to February 7, 2021, a 10 percent rating is warranted for moderate limitation of motion, and a maximum 20 percent rating is warranted for marked limitation of motion. Normal range of motion of the ankle is from 0 to 20 degrees of dorsiflexion and 0 to 45 degrees of plantar flexion. 38 C.F.R. § 4.71a, Plate II. Notably, the terms “moderate” and “marked” are not defined in the Rating Schedule. Additionally, the Board observes that the Veterans Benefits Administration determined that these terms as they pertain to the ankle, as used in DC 5271 prior to February 7, 2021, involved broad language that did not explicitly include consideration of any particular symptomatology. Under the revised version of DC 5271 effective February 7, 2021, a 10 percent rating is warranted for moderate limitation of motion, defined as less than 15 degrees dorsiflexion or less than 30 degrees plantar flexion. A maximum 20 percent rating is warranted for marked limitation of motion, defined as less than 5 degrees dorsiflexion or less than 10 degrees plantar flexion. 85 Fed. Reg. 76453, 76484 (Nov. 30, 2020) (to be codified at 38 C.F.R. § 4.71a, Diagnostic Code 5271). In this case, a June 2011 VA Joints Examination Report notes the Veteran’s history of right ankle injury while in jump school in service. His current complaint was pain; he denied giving way, instability, weakness, incoordination, subluxation, locking, flare-ups, and effusion. He denied using assistive aids to walk. On examination, gait was normal. Tenderness was noted. There was no instability. Right ankle range of motion was from 40 degrees plantar flexion to 15 degrees dorsiflexion. Pain was not evidenced on range of motion testing. There was no additional functional loss with repetitive testing and no ankylosis shown. X-ray studies showed mid tibiotalar degenerative change. An August 2013 VA outpatient treatment record notes that the Veteran denied myalgias, swelling or redness in his joints, and arthralgias. On examination, there was no edema in the extremities and gait was within normal limits. At a July 30, 2018, Board hearing, the Veteran testified that his right ankle disability had gotten worse, and flared up more, especially in colder weather. He stated that his pain and stiffness flared up when walking. He denied receiving any recent treatment. A May 2019 VA Ankle Conditions Disability Benefits Questionnaire (DBQ) notes the Veteran’s complaints of increased right ankle pain that prevented him from walking and standing. He denied use of assistive devices to ambulate; he denied taking pain medication. On examination, right ankle range of motion was from 30 degrees plantar flexion to 15 degrees dorsiflexion. Pain was evidenced throughout active and passive range of motion and on weight bearing and non-weight bearing. The Veteran declined to perform repetitive use testing because of a fear of pain. He walked carefully, slowly placing his feet on the floor. He was unable to stand in one place for any period of time. Muscle strength testing was 4/5 with no muscle atrophy and there was no ankylosis. An August 2019 VA Ankle Conditions DBQ notes the Veteran’s complaints of sharp right ankle pain. He reported that he had difficulty walking for long periods of time and used a cane to ambulate. He also reported monthly flare-ups, which he described as moderate, lasting two to three days. On examination, right ankle range of motion was from 40 degrees plantar flexion to 15 degrees dorsiflexion. Pain was evidenced throughout active and passive ranges of motion and on weight bearing and non-weight bearing. After repetitive use testing, range of motion was 35 degrees plantar flexion to 10 degrees dorsiflexion. Pain and lack of endurance caused this additional functional loss. The examiner opined that during a flare up, range of motion would be 25 degrees plantar flexion to 5 degrees dorsiflexion due to pain and functional loss. There was no crepitus on examination. Muscle strength was 5/5 with no muscle atrophy and there was no ankylosis. A November 2020 VA Ankle Conditions DBQ notes the Veteran’s complaints of right ankle swelling and constant dull pain. He reported flare ups occurring seven or eight times per month; these lasted from hours to days. On examination, range of motion of the right ankle was from 35 degrees plantar flexion to 10 degrees dorsiflexion. There was pain throughout the range of motion and on weight bearing. Edema was noted, however, this was seen in both ankles and attributed to an unrelated recent hospitalization. Because of the edema, passing range of motion testing and non-weight bearing testing were not completed. There was no crepitus or pain on palpation. Repetitive use testing was not completed due to an unrelated disability. Muscle strength was 5/5 with no muscle atrophy was seen on examination. There was no ankylosis. The right ankle was stable on testing. The examiner opined that functioning was not so diminished that amputation with prosthesis would equally serve the Veteran. The examiner also noted that the Veteran used to work as a mechanic before retiring; the examiner opined that the Veteran’s performance as a mechanic would be impacted as he had trouble walking and putting weight on the ankle. In light of the probative evidence above, the Board finds that a rating higher than 10 percent is not warranted for the period prior to July 30, 2018. In pertinent part, throughout this period, the Veteran demonstrated essentially normal range of motion of the ankle. Moreover, although there was evidence of tenderness on palpation, it was his only complaint and did not require the use of assistive devices. Thus, the severity of the symptoms prior to July 30, 2018, were more closely approximated as moderate (i.e., 10 percent rating criteria). A higher rating requires at least marked symptomatology/limitation of motion, which was not evidenced during that time period. See 38 C.F.R. § 4.71a, Diagnostic Code 5271. For the period from July 30, 2018 (the date of the Board hearing) through February 6, 2021, the Board finds that the evidence shows that a higher 20 percent rating is warranted. In that regard, during the July 30, 2018, Board hearing, the Veteran testified that walking caused flare ups of pain and stiffness; during these times he was unable to put pressure on his right leg. These symptoms were corroborated by the VA examinations conducted in 2019 and 2020, which showed severe range of motion loss (including during periods of repetitive use and flare-ups), as well as the Veteran’s reported use of a cane in August 2019. Such evidence is commensurate to marked limitation of motion (i.e., 20 percent rating criteria). Therefore, from July 30, 2018, the claim for a higher rating for right ankle degenerative joint disease is granted. A 20 percent rating is the highest schedular rating available under DC 5271. The Board acknowledges that VA examinations must include joint testing for pain on both active and passive motion, in weight-bearing and nonweight-bearing and, if possible, with range of motion measurements of the opposite undamaged joint. 38 C.F.R. § 4.59; Correia v. McDonald, 28 Vet. App. 158 (2016). The Board has also considered the United States Court of Appeals for Veterans’ Claims (Court’s) holding in Sharp v. Shulkin, 29 Vet. App. 26, 33 (2017), addressing 38 C.F.R. § 4.40, which states that a VA examiner must “express an opinion on whether pain could significantly limit functional ability” and the examiner’s determination in such regard “should, if feasible, be portrayed in terms of the degree of additional range-of-motion loss due to pain on use or during flare-ups.” In light of these requirements, the Board has carefully considered the VA examinations of record and whether they complied with Correia and Sharp. Significantly, however, to the extent that the examination findings of record relative to the right ankle are not completely in compliance with Correia and/or Sharp, the Board finds that remand for additional examination would serve no useful purpose. Soyini v. Derwinski, 1 Vet. App. 540, 546 (1991). Specifically, any current examination findings would not be useful in adjudicating the rating assigned for the period prior to July 30, 2018, and any retrospective opinion would merely impose an additional burden on VA with no benefit flowing to the Veteran, as VA would be asking an examiner to speculate as to the pre-July 30, 2018, ranges of motion. Moreover, for the period beginning July 30, 2018, the examinations address the Correia and Sharp criteria. To the extent that the do not comply, the Veteran is in receipt of a 20 percent rating, which is the highest rating available for limitation of motion absent evidence of ankylosis. The Veteran has not contended that he has ankylosis and ankylosis is not shown throughout the entirety of the appeal period. Accordingly, a remand to obtain a current examination that complies with Correia and Sharp would not be useful. The Board has considered whether separate/higher ratings are available under other applicable diagnostic codes for ankle disabilities (Diagnostic Codes 5262, 5272, 5273, and 5274). However, the required pathology was not shown in this case, i.e., nonunion/malunion of the tibia/fibula; ankylosis, of the subastragalar or tarsal joint, malunion of the os calcis or astragalus; or astragalectomy. 38 C.F.R. § 4.71a. Finally, the Board notes that while the revised rating criteria is effective for the period beginning February 7, 2021, the former regulation actually is more favorable in this case. Therefore, the Veteran would no benefit from the application of the revised criteria beginning February 7, 2021. REASONS FOR REMAND Initial Rating for Right-Sided Sciatica As noted above, the issue of entitlement to an initial rating in excess of 10 percent for right-sided leg sciatica is ancillary to the current appeal. See July 2019 rating decision. The Board finds that additional development is needed due to the conflicting medical evidence of record regarding the Veteran’s right-sided sciatica. Specifically, a May 2019 Back DBQ noted mild radiculopathy of the Veteran’s right leg, and an August 2019 Back DBQ noted moderate sciatica. However, a February 2020 Back DBQ noted no sciatica was present. Because of a wide disparity of findings over a period of just under nine months, coupled with the fact that the Veteran has not been provided a special VA neurological examination, the Board finds that a remand is necessary to afford the Veteran an opportunity to undergo a VA examination to assess the current nature, extent and severity of his sciatica of the right lower extremity. The matter is REMANDED for the following action: (Continued on the next page)   Schedule the Veteran for a VA examination to determine the manifestations and current level of severity of his service-connected right-sided sciatica. The claims file must be made available to and reviewed by the examiner in conjunction with the examination. All pertinent symptomatology and findings must be reported in detail on the appropriate DBQ for sciatica. Any indicated diagnostic tests that are deemed necessary for an accurate assessment must be conducted. The examiner must record all pertinent medical complaints, symptoms and clinical findings in detail. A. ISHIZAWAR Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Fletcher, Kathleen 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.