Citation Nr: 18142048 Decision Date: 10/15/18 Archive Date: 10/12/18 DOCKET NO. 15-44 014 DATE: October 15, 2018 REMANDED Whether the reduction of the disability rating for intervertebral disc syndrome (IVDS) and degenerative disc disease (DDD), lumbar spine with erectile dysfunction, from 40 percent to 20 percent effective January 1, 2014, was proper, is remanded. Whether the reduction of the disability rating for bladder incontinence from 60 percent to 20 percent effective January 1, 2014, was proper, is remanded. Whether the reduction of the disability rating for bowel incontinence from 30 percent to noncompensable effective January 1, 2014, was proper, is remanded. Whether the reduction of the disability rating for peripheral neuropathy, left lower extremity, was proper, is remanded. Whether the reduction of the disability rating for decreased muscle strength right lower extremity, was proper, is remanded. An increased rating in excess of 20 percent for IVDS and DDD, lumbar spine with erectile dysfunction, is remanded. An increased rating in excess of 10 percent for a right lower extremity disability, to include decreased muscle strength, is remanded. An increased rating in excess of 10 percent for a left lower extremity disability, to include peripheral neuropathy, is remanded. A total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded.   REASONS FOR REMAND The Veteran had active service from October 1980 to May 1983. This matter comes on appeal from a July 2014 rating decision. As a preliminary matter, the Board notes the Veteran had requested a hearing. However, in a September 2018 letter, the Veteran withdrew his request. 1. Whether the reduction of the disability rating for IVDS and DDD, lumbar spine with erectile dysfunction, from 40 percent to 20 percent effective January 1, 2014, was proper, is remanded. 2. Whether the reduction of the disability rating for bladder incontinence from 60 percent to 20 percent effective January 1, 2014, was proper, is remanded. 3. Whether the reduction of the disability rating for bowel incontinence from 30 percent to noncompensable effective January 1, 2014, was proper, is remanded. 4. Whether the reduction of the disability rating for peripheral neuropathy, left lower extremity, was proper, is remanded. 5. Whether the reduction of the disability rating for decreased muscle strength right lower extremity, was proper, is remanded. Issues 1-5 are remanded for issuance of a statement of the case (SOC). The Veteran submitted timely notices of disagreement in November 2013 and July 2014 with rating decisions that reduced the disability ratings for these service-connected disabilities. A statement of the case was not issued regarding the reduction issues. A remand is required for the AOJ to issue a statement of the case. 38 C.F.R. § 20.200; Manlincon v. West, 12 Vet. App. 238, 240-41 (1999). 6. An increased rating in excess of 20 percent for IVDS and DDD, lumbar spine with erectile dysfunction, is remanded. The Veteran was last examined by VA in June 2014. Since that time, VA medical records show that he underwent a neurosurgery operation at VA in April 2018 for implanation of a spinal cord stimulator (SCS). This indicates that there may have been a material change in the disability level. A VA examination compliant with Correia v. McDonald, 28 Vet. App. 158, 168 (2016)and Sharp v. Shulkin, 29 Vet. App. 26, 34-36 (2017), is also needed. The Veteran should therefore be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of the disability. 7. An increased rating in excess of 10 percent for a right lower extremity disability, to include decreased muscle strength, is remanded. 8. An increased rating in excess of 10 percent for a left lower extremity disability, to include peripheral neuropathy, is remanded. 9. A TDIU is remanded. Because the evidentiary development for the lumbar spine disability will be relevant to the peripheral neuropathy and TDIU issues, the issues are inextricably intertwined. A remand of claims 2-4 is therefore required. The matters are REMANDED for the following action: 1. Send the Veteran and his representative a statement of the case that addresses the issues of (1) IVDS and DDD, lumbar spine with erectile dysfunction; (2) bladder incontinence; (3) bowel incontinence; (4) peripheral neuropathy, left lower extremity; and (5) decreased muscle strength right lower extremity. If the Veteran perfects an appeal by submitting a timely VA Form 9, the issue(s) should be returned to the Board for further appellate consideration. 2. Obtain the Veteran’s ongoing VA treatment records. 3. Schedule the Veteran for an examination of the current severity of his lumbar spine and lower extremity disabilities. 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 disabilities alone and discuss the effect of each 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). The examiner is also asked to comment on and describe the functional impairment caused solely by the service-connected lumbar spine and lower extremity disabilities as it pertains to the Veteran’s ability to function in an occupational environment. The examiner should, for instance, describe the limitations and restrictions imposed by his service-connected impairments on routine work activities for up to six hours per day, such as interacting with customers/coworkers and using technology, plus other physical activities such as sitting, standing, walking, lifting, carrying, pushing, and pulling, and mental activities such as understanding and remembering instructions, and sustained concentration. The examiner is asked to identify, to the extent possible, the date on which any change in degree of impairment first occurred. C. BOSELY Acting Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD A. Snoparsky, Associate Counsel