Citation Nr: 21028264 Decision Date: 05/10/21 Archive Date: 05/10/21 DOCKET NO. 14-28 142A DATE: May 10, 2021 REMANDED Entitlement to a disability rating in excess of 20 percent for degenerative arthritis of the spine with intervertebral disc syndrome prior to March 11, 2020, and in excess of 30 percent for the period following is remanded. Entitlement to an initial disability rating in excess of 20 percent for radiculopathy of the right upper extremity is remanded. Entitlement to an initial disability rating in excess of 20 percent for radiculopathy of the left upper extremity is remanded. Entitlement to a disability rating in excess of 80 percent for keloid scar of the posterior neck is remanded. REASONS FOR REMAND The Veteran had active service in the United States Air Force from September 1986 to October 1994, with additional service in the United States Army Reserves. These matters come before the Board of Veterans' Appeals (Board) on appeal from October 2012, March 2019, and August 2020 rating decisions. The Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge (VLJ) in July 2017. A transcript of that hearing has been associated with the claims file. 1. Entitlement to a disability rating in excess of 20 percent for degenerative arthritis of the spine with intervertebral disc syndrome prior to March 11, 2020, and in excess of 30 percent for the period following is remanded. This matter was before the Board in February 2018, October 2019, and again in January 2021. In pertinent part, the Board remanded the issue in October 2020 and January 2021 to obtain addendum medical opinions. As the Veteran had been found to have painful motion of the cervical spine throughout the period on appeal, both remand directives specifically instructed the examiner to indicate the degree of range of motion at which such pain begins. Following the January 2021 remand, the Veteran was afforded a VA examination in March 2021. While the examiner noted that the Veteran had pain on all motion of the cervical spine, the examiner did not state at what degree of range of motion the pain begins. Unfortunately, another remand is required for substantial compliance with the Board's January 2021 remand directives. Stegall v. West, 11 Vet. App. 268, 271 (1998). 2. Entitlement to an initial disability rating in excess of 20 percent for radiculopathy of the right upper extremity is remanded. 3. Entitlement to an initial disability rating in excess of 20 percent for radiculopathy of the left upper extremity is remanded. 4. Entitlement to a disability rating in excess of 80 percent for keloid scar of the posterior neck is remanded. Finally, because a cervical spine examination of the degenerative arthritis of the spine issue upon remand will contain relevant information pertaining to the radiculopathy of the bilateral upper extremities and keloid scar of the posterior neck issues, the issues are inextricably intertwined. A remand of the radiculopathy and keloid scar claims is required. The matters are REMANDED for the following action: 1. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected degenerative arthritis of the spine with intervertebral disc syndrome. The examiner should provide a full description of the 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. If there is evidence of pain on motion, the examiner must indicate the degree of range of motion at which such pain begins. 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). In so doing, the examiner must attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups and with repetitive use. If it is not possible to provide a specific measurement based on direct observation, the examiner must provide an estimate of the additional impairment due to flare-ups and due to repetitive use based on the other evidence of record and the Veteran's statements. If it is not possible to provide an estimate 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). 2. After the above development, and any additionally indicated development has been completed, readjudicate the issues on appeal, including the inextricably intertwined issues of entitlement to an initial disability rating in excess of 20 percent for radiculopathy of the left upper extremity, entitlement to an initial disability rating in excess of 20 percent for radiculopathy of the right upper extremity, and entitlement to a disability rating in excess of 80 percent for keloid scar of the posterior neck. If the benefits sought are not granted to the Veteran's satisfaction, send the Veteran and his representative a Supplemental Statement of the Case and provide an opportunity to respond. If necessary, return the case to the Board for further appellate review. MARJORIE A. AUER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Marsh II, Associate 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.