Citation Nr: 21041913 Decision Date: 07/10/21 Archive Date: 07/10/21 DOCKET NO. 13-26 656 DATE: July 10, 2021 REMANDED Entitlement to an increased rating in excess of 10 percent for right wrist tendinitis, status post fracture, with traumatic arthritis (right wrist disability) is remanded. Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) prior to November 18, 2008, is remanded. REASONS FOR REMAND The Veteran served on active duty from February 1990 to November 1999, with additional service in the Army National Guard. This appeal comes before the Board of Veterans' Appeals (Board) from an October 2008 rating decision by the VA Regional Office (RO), which in pertinent part, continued a 10 percent rating for the right wrist disability. The Board remanded the issue for additional development in April 2015 and December 2018. In April 2014, the Veteran testified at a Board hearing before a Veterans Law Judge who is no longer with the Board, and in an August 2018 letter, the Board informed the Veteran of this fact and offered the opportunity for another hearing if he responded within 30 days of the letter. As noted in the December 2018 remand, the Veteran did not respond to the August 2018 letter, and thus, the Board will proceed with the appeal. 1. Entitlement to an increased rating in excess of 10 percent for right wrist tendinitis, status post fracture, with traumatic arthritis (right wrist disability) is remanded. In the December 2018 remand, the Board requested that the Veteran be afforded a VA examination that complied with the requirements set forth in Correia v. McDonald, 28 Vet. App. 158, 165-170 (2016). Accordingly, the Veteran was afforded an examination in February 2021. The Board notes examinations for joint disabilities generally must include range of motion (ROM) measurements. Id. at 169. In conducting these measurements, the examiner should note when any incoordination, weakened movement, or excess fatigability sets in and should also note whether pain on motion is present, and, if so, where in the ROM the pain sets in and whether that pain causes functional loss. See Williams v. Wilkie, No. 19-5666, 2020 U.S. App. Vet. Claims LEXIS 601, at *1-2 (Vet. App. April 6, 2020). However, the February 2021 examination report, while including ROM measurements on both active and passive motion, does not fully comply with Correia requirements, and thus, remand is necessary. See Stegall v. West, 11 Vet. App. 268, 271 (1998). Specifically, the 2021 examiner indicated that the right wrist disability showed evidence of pain but did not specify where in the ROM the pain sets in. The Board cannot properly assess the functional impairment caused by the service connected right wrist disability and thus a new examination is needed. 2. Entitlement to a TDIU prior to November 18, 2008, is remanded. In the December 2018 remand, the Board noted that the TDIU issue was no longer before the Board because the RO granted a TDIU in a March 2017 rating decision. Upon further review, the Board notes that a TDIU was granted effective November 18, 2008, which is also the date that the Veteran met the schedular TDIU disability rating requirement. See 38 C.F.R. § 4.16(a). Nevertheless, the record prior to November 18, 2008, raises the issue of entitlement to a TDIU as part and parcel of the claim for an increased rating for the right wrist disability. See Rice v. Shinseki, 22 Vet. App. 447 (2009). In this regard, a September 2008 VA examination report shows that the Veteran retired in 2006 due to physical problems, namely "right wrist fracture." Accordingly, although entitlement to a TDIU was has been granted, the grant did not encompass the entire period on appeal, and thus, the issue of entitlement to a TDIU is properly before the Board as to the period prior to November 18, 2008. See Harper v. Wilkie, 30 Vet. App. 356 (2018). As the issue is inextricably intertwined with the issue being remanded herein, the Board will defer adjudication of the same until the requested development has been completed. The matters are REMANDED for the following action: 1. Obtain VA treatment records from October 2020 to the present. 2. After the development in the first directive is completed, arrange for an orthopedic examination of the Veteran to assess the current severity of his service-connected right wrist disability (right wrist tendinitis, status post fracture, with traumatic arthritis). The examiner must review the entire record in conjunction with the examination and note such review was conducted. Pathology, symptoms (frequency and severity), and any associated impairment of function should be described in detail. All indicated tests or studies should be completed. Range of motion measurements should be included for active and passive motion in both weight-bearing and non-weight-bearing circumstances, including for the opposite undamaged joint, if applicable. If pain is noted, the point in the range of motion at which pain starts should be clearly noted. 3. If upon completion of the above action the issues remain denied, the case should be returned to the Board after compliance with appellate procedures. E. I. VELEZ Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Santiago, 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.