Citation Nr: 21025871 Decision Date: 04/29/21 Archive Date: 04/29/21 DOCKET NO. 17-04 038 DATE: April 29, 2021 REMANDED The claim of entitlement to an initial compensable rating prior to February 27, 2019, and higher than 20 percent thereafter, for degenerative arthritis of the lumbosacral spine, is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1988 to January 1992. This appeal is from an August 2016 rating decision. In January 2020, the Board denied an initial compensable rating and a rating higher than 20 percent starting from May 25, 2016. The Veteran appealed that denial to the U.S. Court of Appeals for Veterans Claims, which granted a Joint Motion for Joint Remand (JMPR) vacating that decision and remanding it to the Board for additional consideration. The claim of entitlement to an initial compensable rating prior to February 27, 2019, and higher than 20 percent thereafter, for degenerative arthritis of the lumbosacral spine, is remanded. The JMPR indicated that the March 2019 VA examination was not adequate because the examiner did not provide an opinion on additional loss of motion during flares and after repetitive use, despite the Veteran providing statements regarding his loss. Sharp v. Shulkin, 29 Vet. App. 26 (2017). The March 2019 VA examiner also opined that the Veteran’s complaints of flares did not actually constitute a flare, but he did not provide explanation for this opinion. An updated examination must be scheduled. The Veteran has reported ongoing chiropractor treatment and has requested an authorization form to allow VA to obtain those records, which shall also be achieved on remand. The matters are REMANDED for the following action: 1. Associate updated treatment records with the claims file. 2. Send the Veteran an authorization form (VA 21-4142) to obtain private chiropractor records. 3. After completion of directives 1 and 2, and allowing the Veteran reasonable time to respond, schedule the Veteran for an appropriate examination for a report on the current severity of his lumbosacral spine degenerative arthritis. The examiner is asked to review the record and conduct a complete examination. The examiner is asked to elicit from the Veteran a detailed history of his symptoms and functional loss since the effective date of service connection (May 2016 forward), both in general but also during flares and after repetitive use. The examiner is asked to conduct range of motion measurements in both active and passive motion. The examiner is asked to provide an estimate of additional range of motion lost during flares and after repetitive use. If unable to provide an estimate, the examiner must explain why the Veteran’s comments were not helpful in that regard. If the examiner finds the Veteran’s symptoms do not meet the criteria for a flare up, the examiner is asked to provide discussion of what the criteria is and how he does not meet it. The examiner is asked to conduct a neurological examination for a determination on whether the Veteran has any neurological abnormalities related to his low back. All opinions must be supported with explanation. Nathaniel J. Doan Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Gibson 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.