Citation Nr: 18144663 Decision Date: 10/25/18 Archive Date: 10/24/18 DOCKET NO. 15-34 168 DATE: October 25, 2018 REMANDED Entitlement to an increased rating for left lower extremity radiculopathy, currently evaluated as 10 percent disabling from June 24, 2011, and 20 percent disabling from July 16, 2015, is remanded. Entitlement to an increased rating in excess of 20 percent for degenerative arthritis of the lumbar spine (back disability) is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1971 to February 1982. Entitlement to an increased rating for left lower extremity radiculopathy currently and for degenerative arthritis of the lumbar spine (back disability) is remanded. The Veteran was provided VA examinations with regards to his claims for increased rating for a back disability and radiculopathy of the left lower extremity, in July 2015, more than three years ago. The Board recognizes that, generally, the mere passage of time is not a sufficient basis for a new examination. Palczewski v. Nicholson, 21 Vet. App. 174 (2007). However, further allegations of a worsening condition regarding these conditions have been set forth by the Veteran since those examinations. The Board notes that when available evidence is too old for an adequate evaluation of the Veteran’s current conditions, VA’s duty to assist includes providing a more current examination. Weggenman v. Brown, 5 Vet. App. 281 (1993). The Board finds that the most recent examinations may no longer indicate the Veteran’s current level of disability due to his back and radiculopathy. Accordingly, remand for a new contemporaneous VA examination assessing the nature and severity of his disabilities are required for the VA to fulfill its duty. The matters are REMANDED for the following action: 1. Obtain all VA medical records of treatment to include any hospitalizations. 2. After obtaining appropriate authorization, obtain any private treatment records identified by the Veteran. 3. Schedule the Veteran for a VA examination to determine the nature and severity of service-connected radiculopathy of the left lower extremity. The examiner must review the claims file and should note that review in the report. All testing deemed necessary should be performed. To the extent possible, the examiner should identify any symptoms and functional impairments due to the Veteran’s left lower extremity disability alone and discuss the effect of this disability on any occupational functioning and activities of daily living. A complete rationale for all opinions should be provided in the examination report. The examiner should describe the symptomatology caused by the left lower extremity disability. If it is not possible to provide a specific measurement, or an opinion regarding 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). 4. Schedule the Veteran for a VA examination of the service-connected back disability. The examiner must review the claims file and should note that review in the report. Any studies or tests deemed necessary should be performed. The examiner should provide a complete rationale for any opinions provided. The examiner is asked to report on the nature and severity of the back disability. The examination must include range of motion testing expressed in degrees for active motion, passive motion, weight-bearing, and nonweight-bearing. Correia v. McDonald, 28 Vet. App. 158 (2016). The examiner is also specifically asked to describe any functional limitation due to pain, weakened movement, excess fatigability, pain with use, incoordination, or on flare-ups. If the Veteran describes flare-ups of pain, the examiner must offer an opinion as to whether there would be additional limits on functional ability during flare-ups. All losses of function due to problems such as pain should be equated to additional degrees of limitation of flexion and extension beyond that shown clinically. To the extent possible, the examiner should identify any symptoms and functional impairments due to the Veteran’s low back disability alone and discuss the effect of the Veteran’s back 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). S. L. Kennedy Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Zi-Heng Zhu, Associate Counsel