Citation Nr: 21025247 Decision Date: 04/27/21 Archive Date: 04/27/21 DOCKET NO. 17-08 609 DATE: April 27, 2021 REMANDED Prior to April 30, 2019, an initial rating in excess of 10 percent for cervical strain.   REASONS FOR REMAND The Veteran served on active duty from April 1993 to September 1998. The case is on appeal from a February 2016 rating decision. In March 2018, the Veteran testified at a Board hearing. In November 2019, the Board denied a rating in excess of 30 percent for the cervical strain from April 30, 2019. The Board also remanded the current claim for an initial rating in excess of 10 percent for the cervical strain prior to April 30, 2019. Most recently, the Board remanded the claim in January 2021 for further consideration. Prior to April 30, 2019, an initial rating in excess of 10 percent for cervical strain. Pursuant to the November 2019 Board remand, a retrospective medical opinion was required from a VA examiner to assess the severity of the Veteran’s service-connected cervical spine disability prior to April 30, 2019. The Board directed that following a review of the record, including the relevant VA examination reports during the appeal period, the examiner was to provide retrospective findings, including the amount in degrees of range of motion lost due to pain in weight-bearing and nonweight-bearing positions, and on both active and passive motion. The examiner was also directed to address the amount in degrees of range of motion lost due to flare-ups for that time period. A December 2019 VA opinion was provided in which the examiner indicated the Veteran’s cervical spine disorder would be classified as “mild” prior to April 30, 2019. The examiner inaccurately stated there are two relevant VA examinations during the period prior to April 30, 2019, dated November 2015 and May 2016. He indicated each of these examinations shows minimal to mild loss of range of motion and normal strength and reflexes of the upper extremities. The examiner specifically opined, “This appears to be the last documented exam prior to the 4/30/2019 exam.” He further indicated he does not believe that there would be any range of motion lost due to weight bearing or nonweight bearing positions on active range of motion, and passive range of motion would be contraindicated. The Board finds the December 2019 VA opinion is not fully adequate and an addendum opinion is needed in regard to the Veteran’s cervical rating period prior to April 30, 2019. As noted in the November 2019 Board remand, the relevant VA examinations prior to April 2019 are dated November 2015 and May 2016, as well as November 2017. The December 2019 VA examiner noted the two VA examinations during the period dated November 2015 and May 2016; however, he made no mention of the November 2017 VA examination report. Therefore, the Board is unable to find that the December 2019 medical opinion substantially complied with the November 2019 Board remand. See Stegall v. West, 11 Vet. App. 268 (1998). As such, the Board finds an addendum VA opinion is warranted to provide a retrospective opinion for the period prior to April 30, 2019, in regard to the severity of the Veteran’s cervical strain. The matters are REMANDED for the following action: Forward the claims file to the VA examiner who provided the December 2019 VA opinion to assess the severity of the Veteran’s service-connected cervical spine disability prior to April 30, 2019. If this examiner is no longer available, forward the claims file to an appropriate medical professional for an addendum opinion. Following a review of the record, including the VA examination reports during the appeal period dated November 2015, May 2016 and November 2017, the examiner should provide retrospective findings in regard to the severity of the Veteran’s cervical strain. The opinion should estimate for the period prior to April 30, 2019, the amount in degrees of range of motion lost due to pain in weight-bearing and nonweight-bearing positions, and on both active and passive motion. The opinion should also estimate the amount in degrees of range of motion lost due to flare-ups for that time period. RYAN T. KESSEL Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board B. Isaacs, 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.