Citation Nr: 21031352 Decision Date: 05/21/21 Archive Date: 05/21/21 DOCKET NO. 15-25 945 DATE: May 21, 2021 REMANDED Entitlement to an evaluation in excess of 20 percent from January 1, 2012 to October 8, 2015 for service-connected thoracic and lumbar spine intervertebral disc syndrome and strain (spine condition) is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from October 1981 to December 2011. This claim was previously before the Board in August 2018 and April 2020. The last prior Board decision issued a denial on the matter currently before the Board. The Veteran appealed the Board decision to the United States Court of Appeals for Veterans' Claims (Court). In January 2021, the Court issued a Joint Motion for Partial Remand (JMPR) vacating the April 2020 denial and remanding the matter back to the Board. Upon readjudication, the Board finds a remand is warranted based on the inadequacy of the October 2011 VA examination and the October 2019 VA medical opinion. Specifically, the October 2011 examiner failed to discuss the Veteran's flare-ups, including their frequency, duration, and severity. The August 2018 prior Board decision remanded this matter to obtain a medical opinion as the October 2011 VA examination was inadequate. The Board requested that the examiner should provide a historic description of the Veteran's severity, duration, and frequency of flare-ups at the time of separation. Unfortunately, the October 2019 VA examiner did not sufficiently provide this. The Court determined that the prior April 2020 Board denial was based on an inadequate October 2011 VA examination. The Board cannot provide an informed decision based on the evidence of record, and, therefore, the matter must be remanded for further development. The matters are REMANDED for the following action: The RO must obtain a VA medical opinion for the Veteran's spine condition to determine the frequency, severity, and duration of the Veteran's spine condition at the time of separation. If the examiner determines that a VA examination is necessary to provide the following information, then one must be completed prior to providing the requested opinion. Access to the claims file must be made available to the examiner for review. Any and all studies, tests, and evaluations deemed necessary by the examiner should be performed. The examiner should provide historic descriptions of the Veteran's flare-ups as to the severity, frequency, and duration of his flare-ups both at the time of his separation from service and during the period on appeal, January 1, 2012 through October 8, 2015. To the extent possible, the examiner should identify any symptoms and functional impairment due to the Veteran's spine condition and discuss the effect of the Veteran's disability on any occupational functioning and activities of daily living. The examiner should provide an opinion as to the functional impact of the Veteran's flare-ups, and whether it produced symptoms of reduced range of motion, for the period on appeal. The examiner is reminded that the Veteran's lay statements regarding functional loss due to pain, weakness, fatigability, or incoordination during a flare-up could constitute evidence in support of an evaluation. If it is not possible to provide a 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), of the examiner (does not have the knowledge or training). A. C. MACKENZIE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Glaeser, 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.