Citation Nr: 18160693
Decision Date: 12/27/18	Archive Date: 12/27/18

DOCKET NO. 15-12 712
DATE:	December 27, 2018
REMANDED
Entitlement to an initial rating in excess of 20 percent for thoracolumbar disability (claimed as back injury with pain), is remanded.
REASONS FOR REMAND
The Veteran served on active duty in the United States Navy from July 2002 to July 2005. 
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a February 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in New York.
1. Entitlement to an initial rating in excess of 20 percent for thoracolumbar disability (claimed as back injury with pain)
While the record contains contemporaneous VA examinations regarding the Veteran’s disability, the examinations do not comply with the requirements in Correia v. McDonald, 28 Vet. App. 158, 168 (2016) or Sharp v. Shulkin, 29 Vet. App. 26, 34-36 (2017).  Hence, a new VA examination is needed. 
The matter is REMANDED for the following action:
Schedule the Veteran for an examination of the current severity of his disability.  The examiner must test the Veteran’s active motion, passive motion, and pain with weight-bearing and without weight-bearing.  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.  To the extent possible, the examiner should identify any symptoms and functional impairments due to the disability alone and discuss the effect of the disability on any occupational functioning and activities of daily living.  If it is not possible to provide a specific measurement, or an opinion regarding flare-ups, symptoms, or functional impairment 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).
 
C. BOSELY
Acting Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	J.B. King, Associate Counsel

For A Complete Guide To VA Disability Claims and to find out more about your potential VA disability case and how to obtain favorable VA Rating Decision! Visit: VA-Claims.org

For More Information on Veterans Disability Compensation Benefits! Visit: DisableVeteran.org ~ A Non-Profit Non Governmental Agency


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