Citation Nr: 21030346 Decision Date: 05/18/21 Archive Date: 05/18/21 DOCKET NO. 15-00 042 DATE: May 18, 2021 REMANDED Entitlement to an increased rating in excess of 20 percent for a lumbar spine disability from November 10, 2014 is remanded. REASONS FOR REMAND The Veteran had active service from November 2008 to November 2012. The Board previously remanded this matter for additional development in September 2018 and December 2020. 1. Entitlement to an increased rating in excess of 20 percent for a lumbar spine disability from November 10, 2014 is remanded. The case was previously remanded in September 2018. The September 2018 remand found that the August 2017 examination did not estimate the Veteran's range of motion after repeated use over a period of time. The September 2018 remand asked the examiner to assess additional functional loss caused by pain, weakness, fatigability, or incoordination in terms of range of motion. The Veteran was afforded a VA examination in August 2019. The examination did not specify whether the Veteran has additional loss of function of his lumbar spine due to pain and fatigue in terms of range of motion. The examiner noted that the Veteran had normal range of motion of the lumbar spine "excluding Forward flexion of 0 to 35 degrees." In December 2020, the Board found that the December 2019 examination did not clearly state whether there was additional functional limitation of the spine due to pain and fatigue over a period of time, in terms of range of motion. The Board found that the range of motion after repetitive use could not be determined based on the examination. The appeal was remanded to obtain an addendum opinion. The examiner was instructed to assess the additional functional loss of the lumbar spine in terms of range of motion. If not possible to provide an assessment of the functional loss, the examiner was requested to provide an explanation as to why an estimate could not be provided. An addendum opinion was obtained in January 2021. The examiner opined that there was no basis to provide an opinion regarding the additional loss of function or motion with repetitive use or flare-ups. The January 2021 remand did not comply with the remand directives, as the examiner did not provide an opinion about the functional loss of the lumbar spine and did not explain why an estimate of the functional loss could not be provided. The case is being remanded to obtain a new VA examination of the lumbar spine. The matters are REMANDED for the following action: Schedule the Veteran for an examination of his lumbar spine. If possible, the examination should be performed by an examiner who has not previously examined the Veteran. 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. The examiner should describe the functional loss due to pain and flare-ups in terms of range of motion lost. If it is not possible to provide a specific measurement, or an opinion regarding flare-ups, symptoms, or functional impairment 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). JENNIFER HWA Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Catherine Cykowski 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.