12-29 529, 12-29 529

Veteran served on active duty 1962–1966 and has service-connected degenerative arthritis of the thoracic spine (status post-injury).
Appeal challenges entitlement to a rating in excess of 20% for the thoracic spine since December 24, 2014.
RO previously awarded separate 20% ratings for bilateral lower extremity radiculopathy effective December 24, 2014; those awards are not contested here.
The Board previously remanded the claim for development (Sept. 2014, Oct. 2015) and denied an increased rating prior to Dec. 24, 2014; the issue since Dec. 24, 2014 was remanded again (Sept. 2016).
The most recent VA spine examination (Dec. 2016) failed to state whether ROM testing was active vs. passive and weight-bearing vs. nonweight-bearing, contrary to Correia requirements.
Because the exam did not comply with Correia, the Board remanded for a new, detailed examination and readjudication of the increased-rating claim.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Veteran is entitled to >20% for thoracic spine since Dec. 24, 2014	Veteran contends his thoracic spine symptoms warrant a rating >20% from Dec. 24, 2014	VA/RO relied on existing exam evidence to deny higher rating	Remanded: existing VA exam inadequate under Correia; obtain new exam and readjudicate
Whether the Dec. 2016 VA exam satisfied 38 C.F.R. §4.59 as interpreted in Correia	Veteran argues exam must include active/passive and weight-bearing/nonweight-bearing ROM testing	RO implicitly treated the exam as sufficient	Held inadequate: examiner did not specify active vs. passive or weight-bearing status; new exam required

Correia v. McDonald, 28 Vet. App. 158 (interpreting §4.59 to require active/passive and weight-bearing/nonweight-bearing joint testing)
Kutscherousky v. West, 12 Vet. App. 369 (right to submit additional evidence after remand)