Citation Nr: 18159654 Decision Date: 12/19/18 Archive Date: 12/19/18 DOCKET NO. 04-04 167 DATE: December 19, 2018 REMANDED ISSUES The issue of entitlement to an evaluation in excess of 20 percent for lumbosacral strain is remanded. The issue of entitlement to an initial compensable evaluation for left lower extremity radiculopathy, prior to April 28, 2009, and in excess of 10 percent from that date, is remanded. The issue of entitlement to an initial compensable evaluation for right lower extremity radiculopathy, prior to April 28, 2009, and in excess of 10 percent from that date, is remanded. The issue of entitlement to a total rating based on individual unemployability due to service-connected disability (TDIU)is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1973 to May 1977. The Board remanded the lumbosacral strain and TDIU issues in March 2012. In a March 2018 rating decision, service connection was granted and separate 10 percent ratings assigned for left and right lower extremity radiculopathy, effective April 28, 2009. As this is the type of neurological impairment contemplated by 38 C.F.R. § 4.71a, Diagnostic Codes 5235-5243, they are part and parcel of the lumbar spine disability on appeal. The Veteran's eFolders do not include a copy of a March 27, 2018, supplemental statement of the case (SSOC). A copy of this SSOC should be associated with the Veteran's eFolders on remand. The report of a March 2018 Back (Thoracolumbar Spine) Conditions DBQ relates that the examiner could not test the Veteran for range of motion, as the Veteran had a flare-up. The examiner did not address the frequency or severity of the reported flare-ups. The Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of his lumbosacral strain and consider any additional functional loss suffered during flare-ups. Sharp v. Shulkin, 29 Vet. App. 26 (2017). The Veteran’s TDIU claim is inextricably intertwined with the other issues being remanded. See Harris v. Derwinski, 1 Vet. App. 180 (1991). To date he has not submited a VA Form 21-8940, Application for TDIU. On remand, he should be asked to submit the completed form. The matters are REMANDED for the following action: 1. Associate with the Veteran's eFolders a complete correct copy of the March 27, 2018, SSOC. 2. Provide the Veteran with a VA Form 21-8940, Application for TDIU and request that he submit the completed form, with all appropriate information. Thereafter, take all appropriate action on the TDIU claim. 3. Then, schedule the Veteran for an examination of the current severity of lumbosacral strain, left lower extremity radiculopathy and right lower extremity radiculopathy. 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 should identify any symptoms and functional impairments due to lumbosacral strain, left lower extremity radiculopathy and right lower extremity radiculopathy and discuss the effect of these disabilities 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). A complete rationale must be provided for any opinion offered. (Continued on the next page)   4. After the above development, and any additionally indicated development, has been completed, readjudicate the issues, including the evaluation of the left lower extremity radiculopathy and right lower extremity radiculopathy for the periods before and after April 2009 and the TDIU claim. If any benefit sought on appeal remains denied, the Veteran and his representative should be provided an SSOC and afforded an opportunity to respond. The case should be returned to the Board for appellate review. M.E. Larkin Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. Davitian, Counsel