Citation Nr: 18153769 Decision Date: 11/29/18 Archive Date: 11/28/18 DOCKET NO. 16-35 578A DATE: November 29, 2018 REMANDED The claim of entitlement to an initial rating higher than 10 percent for a left wrist disability is remanded. The claim of entitlement to a rating higher than 20 percent prior to November 4, 2015, and higher than 40 percent thereafter, for arthritis of the lumbosacral spine is remanded. The claim of entitlement to an initial rating higher than 10 percent for left lower extremity radiculopathy is remanded. The claim of entitlement to an initial rating higher than 10 percent for right lower extremity radiculopathy is remanded. The claim of entitlement to a total rating due to individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1969 to January 1972 and from December 1976 to October 1983. 1. The claim of entitlement to an initial rating higher than 10 percent for a left wrist disability is remanded. A clarified medical opinion is required. The February 2017 disability benefits questionnaire (DBQ) shows the Veteran has reduced range of motion in the wrist, with 30 degrees of flexion and 40 degrees of extension. However, the DBQ also shows that he has unfavorable ankylosis. An opinion that discusses this discrepancy, and the current severity of the Veteran’s left wrist, must be obtained. 2. The claim of entitlement to a rating higher than 20 percent prior to November 4, 2015, and higher than 40 percent thereafter, for arthritis of the lumbosacral spine is remanded. The Veteran has reported that his back disability has increased in severity since the previous examination in November 2015, and asserts that he has lumbar fusion, which he argues is analogous to ankylosis. On remand, an updated VA medical examination must be conducted. 3. The claim of entitlement to an initial rating higher than 10 percent for left lower extremity radiculopathy is remanded. 4. The claim of entitlement to an initial rating higher than 10 percent for right lower extremity radiculopathy is remanded. The Veteran has reported an increase in the severity of his radiculopathy symptoms since the last VA examination in November 2015. Accordingly, an updated examination must be scheduled 5. The claim of entitlement to a TDIU is remanded. The Veteran reports that his low back and related radiculopathies preclude him from working. Accordingly, a TDIU has been inferred for consideration. On remand, the Veteran shall be asked to complete an Application for Increased Compensation Based on Unemployability (VA Form 21-8940), and this claim shall be appropriately developed. The matters are REMANDED for the following action: 1. Ask the Veteran to complete a VA Form 21-8940. 2. After completion of directive number 1, schedule an appropriate examination for a report on the current severity of the Veteran’s left wrist disability. The examiner is asked to review the record, and to elicit from the Veteran a detailed history regarding his wrist The examiner is asked whether the Veteran has ankylosis of the wrist, as documented on a February 2017 DBQ. The examiner is also asked to address the Veteran’s complaints of tingling and numbness in his left hand, as documented in private medical records dated in December 2016 and January 2017. The examiner is asked to conduct a detailed examination and to ensure that all symptoms attributable to the left wrist are documented. 3. After completion of directive number 1, schedule an appropriate examination for a report on the current severity of the Veteran’s arthritis of the lumbosacral spine. The examiner is asked to review the record and to conduct a complete examination. The Veteran asserts that he has lumbar fusion, which he argues is analogous to ankylosis. The examiner is asked to address this argument and provide a discussion as to whether his lumbar spine is in favorable or unfavorable ankylosis. The Veteran reports that he walks in a stooped position, which the examiner is asked to consider. The examiner should also address current severity of the Veteran’s bilateral lower extremity radiculopathy. The examiner is asked to review the record prior to the examination and to elicit from the Veteran a detailed history of his symptoms. A complete examination is to be conducted. The examiner should also discuss the impact of the back and related neurologic disability on the Veteran’s ability to work, discussing what type of employment, if any, he is able to complete. Nathaniel J. Doan Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD A. Gibson