Citation Nr: 21014049 Decision Date: 03/11/21 Archive Date: 03/11/21 DOCKET NO. 16-02 572 DATE: March 11, 2021 REMANDED Entitlement to a disability rating higher than 10 percent for lumbosacral strain, with multilevel degenerative disc disease, is remanded. REASONS FOR REMAND The Veteran had active duty military service from March 1992 to November 1998. The Veteran was last afforded a VA Back Conditions examination in September 2014. The Veteran was scheduled for a VA examination in July 2018; however, he did not appear for this examination. In an October 2020 statement, the Veteran indicated that he had a significant change in his work schedule and was out of town at times for work. He indicated he was willing and able to attend a future examination, if scheduled. See Statement in Support, October 2020. The Board finds good cause for the Veteran not attending his scheduled VA examination. As such, it will afford the Veteran an additional opportunity to appear at a VA examination to determine the severity of his back disability. The matter is REMANDED for the following actions: 1. Obtain any outstanding VA and/or private treatment records relevant to the claim on appeal. 2. Schedule the Veteran for a VA examination with an appropriate clinician to determine the current level of severity of his service-connected back disability. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria to ensure the examination is complaint with Sharp and Correia. The examiner must test the Veteran’s active motion, passive motion, and pain with weight-bearing and without weight-bearing, if indicated. The examiner is asked to attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups. Please note, the Board cannot accept a rationale that the Veteran is not having a flare-up at the time of the examination to explain why range of motion values cannot be provided. The examiner must consider the Veteran’s lay statements when evaluating flare-ups. To the extent possible, the examiner should identify any symptoms and functional impairments due to the lumbosacral strain alone and discuss the effect of the disability on any occupational functioning and activities of daily living. If it is not possible to provide a specific measurement, or an opinion regarding flare-ups, symptoms, or functional impairment without speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or whether the examiner does not have the knowledge or training. A complete rationale for all opinions reached should be included in the report provided. H.M. WALKER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Krista Johnson, 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.