Citation Nr: 21031856
Decision Date: 05/24/21	Archive Date: 05/24/21

DOCKET NO. 14-37 890
DATE: May 24, 2021

REMANDED

Entitlement to an increased rating for degenerative disease of the thoracolumbar spine (spine condition) is remanded.

REASONS FOR REMAND

The Veteran served with the Army National Guard of West Virginia and has verified periods of active duty for training (ACDUTRA) with the Army National Guard of the United States from June 1984 to August 1984 and from June 1985 to August 1985.  This matter comes before the Board of Veterans' Appeals (Board) from a September 2014 rating decision.  This matter was previously before the Board in May 2018.  At that time, the Board issued a remand for further development.

The Board notes that the Veteran's representative for his prior claims does not represent the Veteran in this claim for increased rating for spine condition.  The Veteran is pro se for the claim currently before the Board.

Unfortunately, the Board finds that a remand is necessary for further development.  Specifically, the Board finds that the July 2018 VA examination noted that the Veteran was wheelchair bound and his initial range of motion examination was determined with assistance.  The VA examination did not address this discrepancy.  The Board finds that it is necessary to obtain a medical opinion to determine the Veteran's actual range of motion during this VA examination without assistance.  The July 2018 VA examiner did not explain what type of assistance was provided in order to measure the Veteran's initial range of motion results.  As this period is on appeal for an increased rating, the Board finds that it is necessary to determine the accurate range of motion for the Veteran during this time as it could ultimately address the Veteran's entitlement to an increased rating.  A subsequent September 2019 VA examination noted the use of a cane on a constant basis, not a wheelchair. 

The Board finds a remand is warranted to address the findings of the July 2018 VA examination which are pertinent to accurately rating the Veteran's disability on appeal.

The matters are REMANDED for the following action:

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Obtain a VA addendum medical opinion.  The examiner should address the assistance given to the Veteran during the July 2018 VA examination when determining his initial range of motion and discuss the Veteran's range of motion without assistance.  In addition, the examiner should address whether the Veteran's use of the wheelchair was due to his service-connected spine condition.

If the examiner is unable to determine the Veteran's range of motion without assistance, the examiner should address whether the assistance provided during the testing modified the Veteran's range of motion during the examination.  If so, the examiner should determine, in the form of degrees, did the assistance modify the range of motion.

 

 

A.M. CLARK

Acting 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.