Citation Nr: 18154697
Decision Date: 11/30/18	Archive Date: 11/30/18

DOCKET NO. 16-54 749
DATE:	November 30, 2018

ISSUES REMANDED
A rating in excess of 20 percent for degenerative disc disease of lumbar spine, to include intervertebral disc syndrome (IVDS) is remanded.
A rating in excess of 10 percent for left lower extremity radiculopathy is remanded.
A rating in excess of 10 percent for right lower extremity radiculopathy is remanded.
A total disability rating based on individual unemployability (TDIU) is remanded.
REASONS FOR REMAND
Increased Rating for Back 
The Veteran is currently rated at 20 percent for his back disability and 10 percent for radiculopathy of each lower extremity.  He is seeking higher ratings. 
In May 2013, the Veteran was afforded a VA back examination.  Since that time, the evidence suggests that the Veteran’s back may have worsened as evidenced by statements and the fact that the Veteran went to the emergency room in July 2017 for his back. As such, a new examination is warranted.
The Veteran’s radiculopathy should also be evaluated.
TDIU
In a statement dated December 2014, the Veteran stated that his back condition  rendered him unable to work and  that he was laid off from his job in December 2014 for poor performance which he believes resulted from his poor health conditions. Therefore, an inferred claim for TDIU under Rice v. Shinseki, 22 Vet. App. 447 (2009) has been raised by record.
As the issue of a TDIU is inextricably intertwined with the adjudication of the increased rating for his back disability and radiculopathy, and it too is remanded.
Therefore, the matters are REMANDED for the following action:
1.  Schedule the Veteran for a VA examination to evaluate the severity of his back disability and related neurologic conditions.
2. Adjudicate the TDIU claim.
 
MATTHEW W. BLACKWELDER
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Q. Wang, Associate Counsel