Citation Nr: 19119910
Decision Date: 03/19/19	Archive Date: 03/19/19

DOCKET NO. 15-23 780
DATE:	March 19, 2019

REMANDED

Entitlement to service connection for left lower extremity radiculopathy is remanded.

Entitlement to service connection for right lower extremity radiculopathy is remanded.

REASONS FOR REMAND

The Veteran had active service from January 1982 to February 1987.  

The claims for service connection for right and left lower extremity radiculopathy are remanded.

In consideration of the December 2018 neurologist’s opinion, the Board finds the record would benefit if the Veteran underwent additional medical evaluation to determine whether the Veteran has radiculopathies related to service or the service-connected lumbosacral strain.  

The matters are REMANDED for the following action:

1. Undertake appropriate development to obtain any other outstanding, pertinent evidence, including VA treatment records not currently associated with the electronic record.  

2. Afford the Veteran an appropriate VA examination to determine the etiology of the radicular symptoms of the lower extremities.  All pertinent evidence of record must be made available to and reviewed by the examiner.  

Any indicated testing must be conducted, to include electromyogram (EMG) or nerve conduction studies (NCS) if needed. 



Based on a review of the Veteran's pertinent history and the examination results, the specialist should state an opinion as to whether there is a 50 percent or better probability that the Veteran has lumbar radiculopathy of either lower extremity. The rationale for all opinions expressed must be provided, with consideration of the previous determinations.  If the examiner is unable to determine whether the Veteran has lumbar radiculopathy, the examiner should explain why. 



If radiculopathy is diagnosed, the examiner should state an opinion as to whether it is at least as likely as not (50 percent probability or more) that any diagnosed radiculopathy began during service, is etiologically related to active service, was caused by the service connected thoracolumbar strain, or was aggravated by the service-connected thoracolumbar strain.  

The rationale for all opinions expressed must be provided.  If the examiner is unable to provide any required opinion, the examiner should explain why.  If the examiner cannot provide an opinion without resorting to mere speculation, a complete explanation as to why this is so should be provided.  If the inability to provide a more definitive opinion is the result of a need for additional information, the additional information that is needed should be identified.

3. Then, readjudicate the issues on appeal.  If any benefit sought on appeal is not granted to the Veteran’s satisfaction, the Veteran and his representative should be furnished a supplemental statement of the case and be provided the requisite opportunity to respond.  Thereafter, the case should be returned to the Board for further appellate action, if otherwise in order. 

 

T. REYNOLDS

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	N. Snyder, counsel