Citation Nr: 21012464 Decision Date: 03/04/21 Archive Date: 03/04/21 DOCKET NO. 17-29 477 DATE: March 4, 2021 REMANDED Entitlement to an initial rating higher than 10 percent for service-connected right hip strain with degenerative joint disease (right hip disability), to include separate compensable ratings for impairment of right hip abduction/adduction, and limitation of right thigh flexion and extension, is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1975 to April 1980. This case is on appeal to the Board of Veterans’ Appeals (Board) from an October 2014 Department of Veterans Affairs (VA) Regional Office (RO) rating decision that granted service connection for right hip strain and assigned an initial 10 percent rating effective from April 15, 2014. In November 2019, the Board denied the claim. The Veteran appealed to the United States Court of Appeals for Veterans Claims (Court). In a September 2020 Order, the Court vacated and remanded the Board’s decision pursuant to a Joint Motion for Partial Remand (JMPR). The matter has now returned to the Board. In argument, the Veteran asserts that she is entitled to a separate compensable evaluation for limitation of extension of the thigh. Accordingly, the claim has been updated to reflect this argument. 1. Entitlement to an initial rating higher than 10 percent for the service-connected right hip strain with degenerative joint disease (right hip disability), to include separate compensable ratings for impairment of right hip abduction/adduction, and limitation of right thigh flexion and extension, is remanded. In the September 2020 JMPR, the parties agreed that the Board erred in relying on two separate VA examinations, dated in October 2014 and March 2017. The parties agreed that the examinations were inadequate because the examiners failed to obtain information about the severity, frequency, duration, precipitating and alleviating factors, and the extent of functional impairment of flares from the Veteran, when a flare-up is not observable at the time of examination. See Sharp v. Shulkin, 29 Vet. App. 26 (2017). The parties have requested another VA examination. Accordingly, the claim is remanded. The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination in order to ascertain the current severity of his service-connected right hip strain with degenerative joint disease. To the extent possible, the functional impairment due to weakened movement, excess fatigability, and pain on use should be assessed in terms of additional degrees of limitation of motion. The examiner should test for pain on both active and passive motion, in weight-bearing and non-weight bearing, and, if possible, each joint should be contrasted with the range of the opposite undamaged joint. The examiner should, if possible, note facial expressions of pain, crepitation in soft tissues and joint structures, and test for pain throughout range of motion in the various ways described above. If the Veteran describes flare-ups or additional limitation following repetitive use, the examiner must offer an opinion as to whether there would be additional limits on functional ability during flare-ups or following repetitive use. An estimate of additional degrees of limitation of motion during the flare-ups and following repetitive use should be provided. If this is not feasible, the examiner should so state and explain why. Any opinions must be accompanied by a complete rationale. If the examiner is unable to reach an opinion without resort to speculation, he or she should explain the reasons for this inability and comment on whether any further tests, evidence or information would be useful in rendering an opinion Marissa Caylor Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Joseph R. Keselyak, 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.