Citation Nr: 18159593 Decision Date: 12/19/18 Archive Date: 12/19/18 DOCKET NO. 13-28 260A DATE: December 19, 2018 REMANDED Entitlement to a compensable initial evaluation for lumbar strain with spondylolisthesis L5-S1, status post spinal fusion, prior to October 12, 2012, is remanded. Entitlement to an evaluation in excess of 10 percent for lumbar strain with spondylolisthesis L5-S1, status post spinal fusion, from October 12, 2012 until March 24, 2017, is remanded. Entitlement to an evaluation in excess of 20 percent for lumbar strain with spondylolisthesis L5-S1, status post spinal fusion, since March 24, 2017, is remanded. Entitlement to an initial evaluation in excess of 20 percent for right lower extremity radiculopathy sciatic nerve, prior to September 10, 2018, is remanded. Entitlement to an evaluation in excess of 10 percent for right lower extremity radiculopathy sciatic nerve, since September 10, 2018, is remanded. Entitlement to an initial evaluation in excess of 20 percent for left lower extremity radiculopathy sciatic nerve, prior to September 10, 2018, is remanded. Entitlement to an evaluation in excess of 10 percent for left lower extremity radiculopathy sciatic nerve, since September 10, 2018, is remanded. Entitlement to an initial evaluation in excess of 10 percent for right lower extremity radiculopathy femoral nerve is remanded. Entitlement to an initial evaluation in excess of 10 percent for left lower extremity radiculopathy femoral nerve is remanded. Entitlement to an initial evaluation in excess of 10 percent for right lower extremity radiculopathy external cutaneous nerve is remanded. Entitlement to an initial evaluation in excess of 10 percent for left lower extremity radiculopathy external cutaneous nerve is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1977 to May 1981. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a November 2010 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The November 2010 rating decision granted service connection at a noncompensable evaluation (0 percent) for lumbar strain with spondylolisthesis L5-S1, status post spinal fusion, effective July 19, 2010. The Veteran timely appealed the initial evaluation assigned to this condition. In October 2013, the RO issued a rating decision which granted an increased evaluation of 10 percent for lumbar strain with spondylolisthesis L5-S1, status post spinal fusion, effective October 12, 2012. In June 2016, the Board remanded this matter for additional development. In September 2016, the RO issued a rating decision which granted service connection for left and right sciatic radiculopathy, evaluating each side as 20 percent disabling, effective July 18, 2016. In April 2017, the RO issued a rating decision which granted an increased evaluation of 20 percent for lumbar strain with spondylolisthesis L5-S1, status post spinal fusion, effective March 24, 2017. In October 2017, the Board remanded this matter for additional development. In September 2018, the RO issued a rating decision which decreased the disability evaluations assigned to the Veteran’s service-connected right and left lower extremity radiculopathy sciatic nerve from 20 to 10 percent, effective September 10, 2018. It also granted service connection for left and right lower extremity radiculopathy of the femoral nerve, assigning thereto initial evaluations of 10 percent, effective September 10, 2018. Finally, it granted service connection for left and right lower extremity radiculopathy of the external cutaneous nerve, assigning thereto initial evaluations of 10 percent, effective September 10, 2018. The Board has recharacterized the issues on appeal to reflect the staged ratings assigned to the Veteran’s lumbar spine disability with radiculopathy. While the record contains contemporaneous VA examinations regarding the Veteran’s lumbar spine disability with radiculopathy, the most recent VA examiantions do not comply with the directives of the Board’s October 2017 remand. Specifically, the September 2018 VA examination of the spine noted that the Veteran’s lumbar spine disability involved the right and left femoral nerve, sciatic nerve, external cutaneous nerve, common peroneal nerve, and superficial peroneal nerve. Although the VA examination then described the Veteran’s overall radiculopathy of the right and left lower extremities as mild, it failed to provide any findings necessary to evaluate the individual nerves identified. Moreover, some of these nerves were recently noted to be normal in the most recent VA examiantion for peripheral nerves performed in August 2017. The matters are REMANDED for the following action: 1. Obtain the Veteran’s updated VA treatment records for the period since August 2018. 2. Schedule the Veteran for an examination of the current severity of his lumbar strain with spondylolisthesis L5-S1, status post spinal fusion; right and left lower extremity radiculopathy sciatic nerve; right and left lower extremity radiculopathy femoral nerve; and right and left lower extremity radiculopathy external cutaneous nerve. The examiner must test the Veteran’s active motion, passive motion, and pain with weight-bearing and without weight-bearing. The examiner must also attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups. To the extent possible, the examiner must identify any symptoms and functional impairments due to his lumbar spine and radiculopathy alone and discuss the effect of this condition on any occupational functioning and activities of daily living. The examiner must also identify each nerve affected by the Veteran’s spondylolisthesis L5-S1, status post spinal fusion, including right and left lower extremity radiculopathy sciatic nerve, femoral nerve, external cutaneous nerve, and any other nerve involved. For each nerve identified, the examiner must indicate the severity of any paralysis, neuritis, or neuralgia found. 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). 3. Prior to issuing a supplemental statement of the case, the AOJ should review the obtained opinions to ensure that all of the Board’s directives have been completed. If any directive or instruction remains outstanding, obtain addendum opinions as necessary. Evan M. Deichert Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD W. Yates, Counsel