Citation Nr: 21023059 Decision Date: 04/20/21 Archive Date: 04/20/21 DOCKET NO. 13-15 522 DATE: April 20, 2021 REMANDED Entitlement to an initial rating in excess of 10 percent for a lumbar spine disability is remanded. Entitlement to an initial rating in excess of 10 percent for a right knee disability is remanded. Entitlement to an initial rating in excess of 10 percent for a left ankle disability is remanded. Entitlement to an initial rating in excess of 10 percent for a right ankle disability is remanded. REASONS FOR REMAND The Veteran served on active duty from July 2003 to December 2011. This matter is before the Board of Veterans’ Appeals (Board) on appeal of May 2012, November 2013, June 2018, and August 2020 rating decisions of a Regional Office (RO) of the Department of Veterans Affairs (VA).The Veteran testified before the undersigned at an October 2016 Board hearing. In September 2017, February 2019, and October 2020, the Board remanded these claims for additional development. Unfortunately, another remand is necessary in this case. 1. Entitlement to an initial rating in excess of 10 percent for a lumbar spine disability is remanded. 2. Entitlement to an initial rating in excess of 10 percent for a right knee disability is remanded. 3. Entitlement to an initial rating in excess of 10 percent for a left ankle disability is remanded. 4. Entitlement to an initial rating in excess of 10 percent for a right ankle disability is remanded. Pursuant to the October 2020 Board remand, the Veteran was afforded VA examinations in November 2020 which the Board finds inadequate. The October 2020 examination reports for the lumbar spine, right knee and bilateral ankle disabilities note that the Veteran reports flare-ups. In the section of the reports addressing flare-ups, the examiner notes that pain, weakness, fatigability or incoordination significantly limit the Veteran’s functional ability with flare-ups. But when asked to describe the functional loss in terms of range of motion, the examiner provides the exact same range of motion measurements as he recorded for “Initial Range of Motion.” It is unclear to the Board how there can be significant limitation to the Veteran’s functional ability with flare-ups but not any change in limitation to range of motion from the initial recorded range of motion. Accordingly, new VA examinations are necessary to fully assess the severity of the Veteran’s service-connected back, right knee and bilateral ankle disabilities. The matters are REMANDED for the following action: Schedule the Veteran for examinations to determine the current severity of the Veteran’s service-connected back, right knee, and bilateral ankle disabilities. The examiner should provide a full description of each disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria. In so doing, the examiner must test the Veteran’s active motion, passive motion, and pain with weight-bearing and without weight-bearing. The examiner must also attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups. If it is not possible to provide a specific measurement based on direct observation, the examiner should provide an estimate, if at all possible, of the additional impairment due to flare-ups based on the other evidence of record and the Veteran’s statements. If it is not possible to provide a specific measurement 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 the examiner (does not have the knowledge or training). A rationale must be provided for all opinions rendered. M. HYLAND Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Narnor, Harriyah 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.