Citation Nr: 21022206 Decision Date: 04/15/21 Archive Date: 04/15/21 DOCKET NO. 16-29 501 DATE: April 15, 2021 REMANDED A rating in excess of 20 percent for intervertebral disc syndrome (IVDS) prior to January 22, 2021, and in excess of 40 percent since January 22, 2021 is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Army from February 1970 to March 1973. By way of procedural history, the Board incorporates by reference the procedural history recited in the Board’s October 2020 remand. In August 2020, the Board remanded the case to the agency of original jurisdiction (AOJ) for additional development and consideration. On remand, in a January 2021 rating decision, the AOJ recharacterized the lumbar spine disability as IVDS and increased the rating from 20 to 40 percent, effective from January 22, 2021. The file is again before the Board. A rating in excess of 20 percent for IVDS prior to January 22, 2021, and in excess of 40 percent since January 22, 2021 On the basis of the January 22, 2021 VA examination, the AOJ partially increased the Veteran’s lumbar spine disability evaluation from 20 to 40 percent, effective January 22, 2021. However, the Board presently finds that additional medical comment would be helpful to determine whether the Veteran’s lumbar spine disability increased in severity beyond 20 percent prior to January 22, 2021. A retrospective opinion addressing the Veteran’s range of motion limitations during flare ups, active and passive motion, and weight-bearing and non-weightbearing would be helpful in assessing the Veteran’s impairment prior to January 22, 2021. See Sharp v. Shulkin, 29 Vet. App. 26 (2019); Correia v. McDonald, 28 Vet. App. 158 (2016). The matters are REMANDED for the following action: 1. Obtain a retrospective medical opinion from the January 2021 VA lumbar spine examiner, or an appropriate clinician if the January 2021 VA examiner is not available, to determine the severity of the Veteran’s lumbar spine disability prior to January 22, 2021. After reviewing the record, the examiner should comment whether there was any increased functional impairment due to his lumbar spine disability in the time period from April 2014 to January 2021. In particular, the examiner should provide a retrospective opinion as to the range of motion prior to January 22, 2021, of the lumbar spine disability, including (a) whether there was any limitation of motion during flare-ups; and (b) whether there was any limitation of motion during active motion, passive motion, weight-bearing and/or non weight-bearing. To the extent possible, range of motion estimates should be provided. Also, the examiner should comment on whether the Veteran’s functional impairment of the lumbar spine more nearly approximates forward flexion to 30 degrees or less, or favorable or unfavorable ankylosis of the thoracolumbar spine, or unfavorable ankylosis of the entire spine. A complete rationale should be provided for all opinions rendered. The Veteran’s lay statements must be considered as well as the pertinent evidence of record including the September 2014 VA examination report. Additionally, if the examiner cannot provide an opinion without resorting to speculation, the examiner should provide an explanation as to why this is so, to include why providing range of motion estimates is not feasible. C. CRAWFORD Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Biswajit Chatterjee, 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.