Citation Nr: 22016571
Decision Date: 03/22/22	Archive Date: 03/22/22

DOCKET NO. 14-18 796
DATE: March 22, 2022

REMANDED

A rating in excess of 10 percent for left elbow olecranon bursitis.

REASONS FOR REMAND

In January 2021, the Board denied the appeal. The Veteran appealed to the Veterans Claims Court. In October 2021, the Court Clerk granted a Joint Motion for Partial Remand (JMPR) which vacated the January 2021 decision and remanded the issue to the Board for action consistent with the JMPR.

The JMPR found the September 2020 VA examination inadequate because the examiner did not attempt to measure the loss of range of motion associated with the Veteran's documented pain on flexion, extension, forearm supination and forearm pronation as required by Mitchell v. Shinseki, 25 Vet. App. 38 (2011). Therefore, a remand is required in order to schedule the Veteran for another examination.

The matter is REMANDED for the following actions:

1. Obtain copies of all outstanding VA treatment records dating from June 2020 to the present.

2. Schedule the Veteran for an examination in order to determine the severity of the left elbow disability. The examination should be conducted in accordance with the current disability benefits questionnaire, to include compliance with Mitchell v. Shinseki, 25 Vet. App. 38 (2011), and to include ranges of motion. 

 

 

L. HOWELL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	E. Redman, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.