Citation Nr: 22015166 Decision Date: 03/16/22 Archive Date: 03/16/22 DOCKET NO. 17-54 457 DATE: March 16, 2022 REMANDED Entitlement to an initial rating in excess of 20 percent for a cervical strain with degenerative arthritis and disc disease is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1968 to July 1972. This matter is before the Board of Veterans' Appeals (Board) on appeal of a February 2017 rating decision of a Regional Office (RO) of the Department of Veterans Affairs (VA). The Veteran was last provided a VA neck examination in February 2017. In an April 2020 statement, the Veteran's wife asserted that the Veteran's pain in his neck is "more intensive every month." The Board notes that the Veteran denied flare-ups in his February 2017 VA examination. In a September 2017 substantive appeal, the Veteran indicated that he experienced pain, cramps and dizziness. The February 2017 VA examination reflects the Veteran's reports of neck cramping and dizziness but did not make any findings related to these subjective complaints. As the Veteran's cervical strain seems to have increased in severity since the Veteran was last examined by VA, the Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of his cervical spine. See Snuffer v. Gober, 10 Vet. App. 400 (1997); Caffrey v. Brown, 6 Vet. App. 377 (1994); VAOPGCPREC 11-95 (1995). In conducting such examinations, the examiner should comply with the holdings in Correia v. McDonald, 28 Vet. App. 158 (2016) and Sharp v. Shulkin, 29 Vet. App. 26 (2017). The matter is REMANDED for the following action: 1. The Veteran should be given the opportunity to identify any outstanding private or VA treatment records relevant to the claim on appeal. After obtaining any necessary authorization from the Veteran, all outstanding records should be obtained, to include updated VA treatment records. For private treatment records, make at least two (2) attempts to obtain records from any identified sources. If any such records are unavailable, inform the Veteran and his representative and afford him an opportunity to submit any copies in his possession. For federal records, all reasonable attempts should be made to obtain such records. If any records cannot be obtained after reasonable efforts have been made, issue a formal determination that such records do not exist or that further efforts to obtain such records would be futile, which should be documented in the claims file. The Veteran must be notified of the attempts made and why further attempts would be futile, and allowed the opportunity to provide such records, as provided in 38 U.S.C. § 5103A(b)(2) and 38 C.F.R. § 3.159(e). 2. Following the receipt of outstanding records, schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected cervical strain with degenerative arthritis and disc disease. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's cervical disability under the rating criteria. The examiner should specifically comment on the Veteran's subjective reports of neck cramping and dizziness. In so doing, the examiner must attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups. If it is not possible to provide a specific measurement based on direct observation, the examiner should provide an estimate, if at all possible, of the additional impairment due to flare-ups based on the other evidence of record and the Veteran's statements. If it is not possible to provide a specific measurement 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). A rationale for any opinion offered should be provided. KRISTY L. ZADORA Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D. M. Donahue Boushehri, 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.