Citation Nr: 21032259 Decision Date: 05/26/21 Archive Date: 05/26/21 DOCKET NO. 19-10 013 DATE: May 26, 2021 REMANDED Entitlement to an initial evaluation in excess of 10 percent disabling for service-connected limitation of adduction of the right hip is remanded. Entitlement to an initial evaluation in excess of 10 percent disabling for service-connected limitation of extension of the right hip is remanded. Entitlement to an initial compensable evaluation for service-connected limitation of flexion of the right hip is remanded. REASONS FOR REMAND The Veteran served on active duty from October 2012 to March 2013, and from January 2015 to January 2016. In a March 2020 decision, the Board granted a rating of 10 percent, but no higher, for limitation of adduction of the right hip, and declined to grant an increased rating for limitation of extension and limitation of flexion of the right hip. A January 2021 Court of Appeals for Veterans Claims (CAVC) order vacated the Board's decision regarding higher ratings for limitations of right hip adduction, extension, and flexion, and adopted a Joint Motion for Remand (JMR) for reconsideration of the Veteran's claim. These issues are once again before the Board for further adjudication. 1. Entitlement to an initial evaluation in excess of 10 percent disabling for service-connected limitation of adduction of the right hip is remanded. 2. Entitlement to an initial evaluation in excess of 10 percent disabling for service-connected limitation of extension of the right hip is remanded. 3. Entitlement to an initial compensable evaluation for service-connected limitation of flexion of the right hip is remanded. As noted in the January 2021 JMR, March 2019 VA radiology notes indicate several future appointments scheduled for the Veteran. On remand, the Agency of Original Jurisdiction (AOJ) should obtain outstanding VA treatment records, including records of these future appointments. The January 2021 JMR also noted that the Board erred in basing its determination on the inadequate September 2018 VA examination and December 2018 VA addendum, and erred in failing to provide adequate reasons and bases for discounting lay evidence regarding functional limitations of the right hip caused by pain. As further noted in the JMR, the September 2018 VA examiner indicated that pain limited right hip range-of-motion during repetitive use over time and/or flare-ups, but declined to "express additional limitation due to pain" as the Veteran was not currently experiencing such a flare. On remand, the AOJ should obtain an additional VA examination of the right hip that complies with Sharp v. Shulkin, 29 Vet. App. 26, 34-36 (2017). In Sharp v. Shulkin 29 Vet. App. 26 (2017), a CAVC decision addressed what constitutes an adequate explanation for an examiner's inability to estimate motion loss in terms of degrees during periods of flare-ups. CAVC held that a VA examiner must attempt to elicit information from the record and the Veteran regarding the severity, frequency, duration, or functional loss manifestations during flare-ups before determining that an estimate of motion loss in terms of degrees could not be given. It also held that any inability to furnish such an estimate must be predicated on a lack of medical knowledge among the medical community at large, rather than insufficient knowledge by the individual examiner. Id. The matters are REMANDED for the following action: 1. Obtain VA treatment records since March 2019 and associate them with the claims file. In particular, obtain any records relevant to the 11 VA appointments scheduled for 2019, as noted in March 2019 VA treatment records. 2. Schedule the Veteran for an examination of the current severity of his right hip disorder, including limitation of adduction, extension, and flexion. In order to comply with Sharp v. Shulkin, 29 Vet. App. 26, 33 (2017), the examiner is asked to describe whether pain, weakness, fatigue and/or incoordination significantly limits functional ability during flares or repetitive use, and if so, the examiner must estimate range of motion during flares or repetitive use. The examiner should have the Veteran describe and/or demonstrate the extent of motion loss during flares or repetitive use and provide the extent of motion loss described in terms of degrees. If there is no pain and/or no limitation of function, such facts must be noted in the report. The examiner should comment as to whether there is any medical reason to accept or reject the Veteran's description of reduced range of motion during flares or repetitive use. Also, in order to comply with the Court's decision in Correia v. McDonald, 28 Vet. App. 158 (2016), the VA examination must include range of motion testing of both the right and left hips in the following areas: active motion; passive motion; weight-bearing; and nonweight-bearing. A complete medical rationale for all opinions expressed must be provided. T. MAINELLI Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Howell, 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.