Citation Nr: 21023051 Decision Date: 04/20/21 Archive Date: 04/20/21 DOCKET NO. 15-15 386 DATE: April 20, 2021 REMANDED Entitlement to a disability rating in excess of 10 percent for lumbosacral strain prior to July 28, 2016, and in excess of 40 percent thereafter is remanded. INTRODUCTION The Veteran served on active duty from May 1979 to July 1992. In April 2017, the Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge. A transcript of that hearing has been associated with the record. When this case was before the Board in June and December 2018, as well as October 2020, the above-noted issue was remanded for additional development. The case has since been returned for further appellate review. REASONS FOR REMAND Unfortunately, the above-noted claim must again be remanded in order to ensure compliance with the prior Board remand instructions. See Stegall v. West, 11 Vet. App. 268, 271 (1998). On several previous occasions the Board has indicated that when VA undertakes to provide a VA examination or obtain a VA opinion, it must ensure that the examination or opinion is adequate. Barr v. Nicholson, 21 Vet. App. 303, 312 (2007). However, to date, substantial compliance with these Board instructions has not been achieved. In the course of the June and December 2018, as well as the October 2020 remands, the Board fully explained that an assessment of the Veteran’s flare-ups, as well as range of motion measurements in weight bearing, non-weight bearing, and in passive motion were necessary to properly evaluate the Veteran’s lumbar spine disability. See Sharp v. Shulkin, 29 Vet. App. 26 (2017); see also Correia v. McDonald, 28 Vet. App. 158 (2016). The Veteran underwent another VA examination in January 2021; unfortunately, the examiner again ignored the Board’s instructions and failed to provide a range of motion assessment on both weight bearing and non-weight bearing. Therefore, this examination contains the same fatal deficiencies noted in the prior VA examinations, and a remand is necessary to obtain an examination that satisfies sufficiency standards. Accordingly, these matters are REMANDED for the following actions: Afford the Veteran a VA examination by an examiner with sufficient expertise to fully assess the severity of the Veteran’s service-connected lumbar spine disability. All pertinent evidence of record should be made available to and reviewed by the examiner. Any indicated studies should be performed. Ensure the examiner provides all information required for rating purposes, to specifically include both active and passive range of motion testing, as well as weight-bearing and nonweight-bearing range of motion assessments. In addition, the examiner must consider and discuss all procurable and assembled data such as the frequency, duration, characteristics, precipitating and alleviating factors, and the severity of the flare-ups, and then provide an assessment of the functional loss during flares, if possible in degrees of motion lost. If the examiner is unable to conduct the required testing or concludes that the required testing is not necessary, he or she should be directed to clearly explain why that is so. T. REYNOLDS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board G. Fraser, 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.