Citation Nr: 22028131
Decision Date: 05/12/22	Archive Date: 05/12/22

DOCKET NO. 17-65 263
DATE: May 12, 2022

REMANDED

Entitlement to a rating in excess of 10 percent for thoracic vertebrate wedge deformities with degenerative disc disease is remanded.

REASONS FOR REMAND

The Veteran served on active duty from July 2004 to July 2007.

These matters come before the Board of Veterans' Appeals (Board) on appeal from an October 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

1. Entitlement to a rating in excess of 10 percent for thoracic vertebrate wedge deformities with degenerative disc disease is remanded.

The Veteran contends that he is entitled to a rating in excess of 10 percent for his service-connected thoracic vertebrate wedge deformities with degenerative disc disease. 

Remand is warranted to assess the current severity of the Veteran's thoracic vertebrate disability.  The Veteran was last afforded a VA examination for his thoracic vertebrate disability in October 2016.  Since that time, October 2019 VA treatment records note that the Veteran was diagnosed with a herniated disc following a motor vehicle accident in July 2019.  This evidence indicates that the Veteran's disability may have worsened.  Accordingly, a new VA examination is warranted.  

The matters are REMANDED for the following action:

1. Obtain all outstanding VA treatment records from November 2019 to present.

2. After all outstanding VA treatment records have been obtained, schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected thoracic vertebrate 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.  

In so doing, 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).

 

 

Mary E. Rude

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Wimbish, Associate 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.