Citation Nr: 18139848
Decision Date: 10/01/18	Archive Date: 10/01/18

DOCKET NO. 11-17 615
DATE:	October 1, 2018
REMANDED
Entitlement to a disability rating in excess of 10 percent for radiculopathy of the left leg is remanded.
REASONS FOR REMAND
The Veteran served on active duty from March 1986 to July 1986 and from August 1990 to November 2009.
This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a June 2010 rating decision of the Department of Veterans Affairs (VA) Regional Office in Boise, Idaho.
The Veteran testified at a personal hearing before the Board in February 2013, and a transcript of the hearing is of record.
This matter was previously before the Board, and, in September 2014, the Board remanded this increased rating issue for further development.   In July 2017, the Board denied the claim.  In May 2018, the United States Court of Appeals for Veterans Claims (Court) vacated the Board’s decision and remanded the issue to the Board for further consideration.

Entitlement to an initial disability rating in excess of 10 percent for radiculopathy of the left leg is remanded.
The Veteran contends that she is entitled to an increased disability rating for radiculopathy of the left leg.  The Board previously denied her claim, but, in May 2018, the Court vacated the Board’s decision and remanded it back to the Board for further consideration.  The Court found that the Board failed to consider lay evidence in support of the Veteran’s claim including lay statements alleging drop foot while walking; stumbling; weakness with increased use; and an abnormal gait.  Additionally, the Court noted that the Veteran testified at a personal hearing before the Board that she experienced drop foot and stumbling when walking, and that the Veteran reported experiencing weakness in her lower leg with increased use and a disturbed gait during a VA examination.  Moreover, the Court found that the Board did not adequately explain why the Veteran’s disability was moderate.  
Finally, the Court indicated that the Board had failed to consider the issue of a total disability rating due to individual unemployability (TDIU).  The Board notes that TDIU was previously remanded in an April 2018 Board decision, the Board having found that the issue had been raised.  Accordingly, the Board will only request herein that the Veteran be asked to complete and submit an application for TDIU, so that pertinent information will be of record.  
The issue of entitlement to an initial evaluation in excess of 10 percent for left leg radiculopathy must be remanded for a VA examination in order to determine the medical significance, if any, of the Veteran’s lay testimony, and what affect if any it has on an evaluation of the severity of the Veteran’s radiculopathy.
The matter is REMANDED for the following action:
1. Provide the Veteran and ask her to complete and return an application for TDIU, VA Form 21-8940.
2. Arrange to provide the Veteran with a VA examination in order to determine the severity of her left leg radiculopathy.  The examiner should also address the following:
(a.) What is the medical significance, if any, of the Veteran’s lay reports alleging drop foot while walking; stumbling; weakness with increased use; and an abnormal gait; including personal testimony before the Board that she experienced drop foot and stumbling when walking; and reports during a VA examination that the Veteran experienced weakness in her lower leg with increased use and a disturbed gait.
(b.) To what extent, if any, do these reports affect the characterization of the Veteran’s radiculopathy; i.e. mild incomplete paralysis; moderate incomplete paralysis; severe incomplete paralysis; complete paralysis. 
 
BARBARA B. COPELAND
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	David R. Seaton, Associate Counsel