10-08 044, 10-08 044

Veteran served Oct 1981–Apr 1996 and appealed VA ratings for lumbar (L3-4, L5-S1) and cervical (C5-6) degenerative disc disease.
RO increased both spine ratings to 20% effective May 4, 2011; Veteran appealed seeking higher ratings.
Board denied ratings above 20% (post-May 4, 2011) in Feb 2015; CAVC vacated and remanded by JMPR in Apr 2016 for further development limited to >20% ratings from May 4, 2011.
VA exams in Jan 2017 measured ROM and repetitive testing but did not include active/passive, weight-bearing/non-weight-bearing pain testing as required by Correia.
Earlier VA exams (May 2011, Nov 2012) documented flare-ups; Jan 2017 examiner did not evaluate flare impairment retrospectively.
Board remanded for a new VA exam complying with Correia and for a retrospective opinion quantifying impairment from reported flare-ups; readjudication and SSOC thereafter.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether entitlement to >20% rating from May 4, 2011 for lumbar spine	Veteran seeks highest possible rating based on ROM loss, pain, and flare-ups	VA relied on existing exams supporting 20% but needs compliant testing	Remanded for new exam (Correia-compliant) and retrospective opinion on flare-ups
Whether entitlement to >20% rating from May 4, 2011 for cervical spine	Veteran seeks >20% for same reasons as lumbar	VA relied on Jan 2017 exam showing limited ROM but noncompliant under Correia	Remanded for new exam (Correia-compliant) and retrospective opinion on flare-ups

Correia v. McDonald, 28 Vet. App. 158 (clarifies VA must test joint pain on active/passive motion and weight-bearing/non-weight-bearing)
A.B. v. Brown, 6 Vet. App. 35 (claimant presumed to seek maximum schedular evaluation)
Kutscherousky v. West, 12 Vet. App. 369 (claimant may submit additional evidence after remand; remand rights)