Citation Nr: 22018531 Decision Date: 03/29/22 Archive Date: 03/29/22 DOCKET NO. 17-54 459 DATE: March 29, 2022 REMANDED Entitlement to a disability rating in excess of 20 percent for myositis, thoracic spine, is remanded. REASONS FOR REMAND The Veteran served on active duty with the United States Army from January 1968 to January 1970. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Cleveland, Ohio. The Board previously remanded the claim in May 2019 for additional development. See Stegall v. West, 11 Vet. App. 268, 271 (1998). In a July 2020 rating decision, the AOJ granted an increased 20 percent disability rating for the Veteran's service-connected myositis and assigned an effective date of February 20, 2014. The AOJ also assigned separate disability ratings for radiculopathy of the right and left lower extremities. The Veteran has not expressed disagreement with the assigned ratings for radiculopathy, such that these matters are not currently before the Board. A July 2020 Supplemental Statement of the Case limited the issue to an increased rating for myositis in excess of the now assigned 20 percent. 1. Entitlement to a disability rating in excess of 20 percent for myositis, thoracic spine, is remanded. The Veteran contends that his thoracic spine disorder is more severe than as reflected by the currently assigned rating. Subsequent the May 2019 Board remand, the Veteran was afforded VA examination in November 2019. At that time, the VA examiner reported that pain and lack of endurance caused functional loss with repeated use over time and flare-ups, but failed to describe said loss in terms of range of motion. Sharp v. Shulkin, 29 Vet. App. 26 (2017). Therefore, the Board finds a remand is necessary in order to afford the Veteran an additional VA examination to determine whether flare-ups result in functional loss and reduction of range of motion. The matter is REMANDED for the following action: Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected thoracic spine disability. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria for DC 5021-5242. The examiner must test the Veteran's active motion, passive motion, and pain with weight-bearing and without weight-bearing. 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). The examiner must also 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). Kate E. Kovarovic Acting 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.