Citation Nr: 18144008
Decision Date: 10/22/18	Archive Date: 10/22/18

DOCKET NO. 15-30 466
DATE:	October 22, 2018
REMANDED
Entitlement to a rating in excess of 20 percent disabling for wound, moderate, muscle group XX, moderate with lumbosacral strain post laminectomy and fusion, is remanded.
Entitlement to a compensable rating for four scars, right upper back/shoulder (1), status post shrapnel (1), laminectomy and fusion scars (2), is remanded.
Entitlement to a rating in excess of 10 percent prior to October 3, 2014, and a compensable rating since October 3, 2014 and thereafter, for radiculopathy of the right lower extremity is remanded.
REASONS FOR REMAND
The Veteran served active duty in the United States Marine Corps from June 1966 to June 1968. 
1. A rating in excess of 20 percent disabling for wound, moderate, muscle group XX, moderate with lumbosacral strain post laminectomy and fusion, is remanded.
2. A compensable rating for four scars, right upper back/shoulder (1), status post shrapnel (1), laminectomy and fusion scars (2), is remanded.
3. A rating in excess of 10 percent prior to October 3, 2014, and a compensable rating since October 3, 2014 and thereafter, for radiculopathy of the right lower extremity is remanded.
The Veteran contends that his wound to muscle group XX with lumbosacral strain and fusion disability is such that a rating in excess of 20 percent is warranted.  The Veteran also contends that his four scars to the upper back/right shoulder, status post shrapnel, laminectomy and fusion scars are such that a compensable rating is warranted.  The Veteran further contends that his radiculopathy of the right lower extremity is such that a compensable rating is warranted since October 3, 2014.
The Veteran’s last VA examinations for his disabilities were in October 2014.  When available evidence is too old for an adequate evaluation of the Veteran’s current condition, VA’s duty to assist includes providing a new examination.  Weggenmann v. Brown, 5 Vet. App. 281 (1993).  The Board finds that the October 2014 examination is somewhat remote, and there is insufficient medical evidence on file from which the Board can accurately determine the current severity of the Veteran’s wound to muscle group XX with lumbosacral strain and fusion disability, four scars to the upper back/right shoulder, status post shrapnel, laminectomy and fusion scars, and radiculopathy of the right lower extremity.  Therefore, a remand is necessary.
The matters are REMANDED for the following action:
Schedule the Veteran with the appropriate examiner(s) to determine the current severity of his service-connected wound to muscle group XX with lumbosacral strain and fusion disability, four scars to the upper back/right shoulder, status post shrapnel, laminectomy and fusion scars, and radiculopathy of the right lower extremity.  The examiner(s) shall consider all other medical records associated with this file during review.  The examiner(s) is asked to offer an opinion on the following:
a.  Address all impairment and symptoms associated with the Veteran’s service-connected wound to muscle group XX with lumbosacral strain disability, four scars to the upper back/right shoulder, status post shrapnel, to include range-of-motion testing.  The examiner should also note adverse neurological symptomatology.
b.  Provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s scars under the rating criteria.  To the extent possible, the examiner should identify any symptoms and functional impairments due to his scars alone and discuss the effect of the Veteran’s scars on any occupational functioning and activities of daily living.
c.  Report all signs and symptoms necessary for rating the Veteran’s radiculopathy of the right lower extremity in detail.  The examiner must also detail all current functional impairment from the Veteran's radiculopathy of the right lower extremity, to include any impact on occupational functioning.  The examiner should specifically address whether the disability results in mild moderate, or severe incomplete paralysis of the affected nerve, or complete paralysis of the affected nerve, including whether the right foot dangles and drops, with no active movement possible of muscles below the knee, and flexion of the knee weakened or (very rarely) lost.
 
JENNIFER HWA
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	C. Ford, Associate Counsel