Citation Nr: 18149577 Decision Date: 11/09/18 Archive Date: 11/09/18 DOCKET NO. 10-26 247 DATE: November 9, 2018 REMANDED Entitlement to an initial rating in excess of 10 percent from August 29, 2007, to July 12, 2015, and 20 percent thereafter, for service-connected lumbar degenerative disc disease (lower back condition) is remanded. Entitlement to an initial rating in excess of 10 percent from December 21, 2007, to July 20, 2017, and 20 percent thereafter, for service-connected radiculopathy, left lower extremity (LLE radiculopathy) is remanded. Entitlement to an initial rating in excess of 10 percent from December 21, 2007, to July 20, 2017, and 20 percent thereafter, for service-connected radiculopathy, right lower extremity (RLE radiculopathy) is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served in the United States Army from November 1985 to January 1992. 1. Entitlement to an initial rating in excess of 10 percent from August 29, 2007, to July 12, 2015, and 20 percent thereafter, for service-connected lower back condition is remanded. In May 2017, the Board remanded the issue of entitlement to an initial rating in excess of 10 percent from August 29, 2007, to July 12, 2015, and 20 percent thereafter, for service-connected lower back condition so that a VA examination could be obtained. At the July 2017 VA examination, the examiner was “[u]nable to test because the Veteran states that he cannot bend today. Too much pain.” The Veteran should be provided another opportunity to report for a VA examination to ascertain the current severity of his lower back condition. 2. Entitlement to an initial rating in excess of 10 percent from December 21, 2007, to July 20, 2017, and 20 percent thereafter, for service-connected LLE radiculopathy is remanded. 3. Entitlement to an initial rating in excess of 10 percent from December 21, 2007, to July 20, 2017, and 20 percent thereafter, for service-connected RLE radiculopathy is remanded. 4. Entitlement to a TDIU is remanded. Finally, because a decision on the remanded issue of entitlement to an initial rating in excess of 10 percent from August 29, 2007, to July 12, 2015, and 20 percent thereafter, for service-connected lower back condition could significantly impact a decision on the LLE, RLE, and TDIU issues, the issues are inextricably intertwined. A remand of the claims for entitlement to an initial rating in excess of 10 percent from December 21, 2007, to July 20, 2017, and 20 percent thereafter, for service-connected LLE radiculopathy, entitlement to an initial rating in excess of 10 percent from December 21, 2007, to July 20, 2017, and 20 percent thereafter, for service-connected RLE radiculopathy, and entitlement to a TDIU is required. The matters are REMANDED for the following action: 1. Schedule the Veteran for an examination with an appropriate clinician for his lower back condition disability. The entire claims file and a copy of this remand must be made available to the examiner for review, and the examiner must specifically acknowledge receipt and review of these materials in any reports generated. (a) Provide findings as to the range of motion of the thoracolumbar spine, tested for pain on both active and passive motion, in weight-bearing and non-weight-bearing, and indicate whether range of motion is additionally limited due to such factors as pain on motion, weakened movement, excess fatigability, diminished endurance, or incoordination. The examiner should report (in degrees) the point at which pain is objectively recorded. In doing so, the examiner should offer an opinion as to whether pain could significantly limit functional ability during flare-ups or when the thoracolumbar spine is used repeatedly over a period of time. Such determinations should, if feasible, be portrayed in terms of the degree of additional range-of-motion loss due to pain on use or during flare-ups. (b) The examiner should also identify any neurological impairment(s) associated with the Veteran’s service-connected back disability, including any impairment manifested by pain and numbness and describe any symptoms and functional limitations associated with such impairment(s). (c) Finally, the examiner should describe any occupational impairment(s) associated with the Veteran’s back disability with bilateral lower extremity radiculopathy. 2. After the above development, and any additionally indicated development, has been completed, readjudicate the issues on appeal. If any benefit sought is not granted to the Veteran’s satisfaction, send the Veteran and his representative a Supplemental Statement of the Case and provide an opportunity to respond. If necessary, return the case to the Board for further appellate review. REBECCA N. POULSON Acting Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. Fowler, Associate Counsel