Citation Nr: 19133545 Decision Date: 04/30/19 Archive Date: 04/30/19 DOCKET NO. 18-09 813 DATE: April 30, 2019 REMANDED Entitlement to a disability rating in excess of 10 percent for degenerative disc disease (DDD) and spondylosis of the lumbar spine is remanded. Entitlement to a disability rating in excess of 10 percent for radiculopathy, left lower extremity, is remanded. Entitlement to a disability rating in excess of 10 percent for radiculopathy, left lower extremity, is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1987 to February 2009. These matters come before the Board of Veterans’ Appeals (Board) on appeal of a May 2017 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). 1. Increased rating for degenerative disc disease (DDD) and spondylosis of the lumbar spine is remanded The Veteran seeks a disability rating in excess of 10 percent for his service-connected low back disability. The Veteran was provided a VA examination for his lower back disability in March 2017. VA has a duty to ensure that any medical examination or opinion it provides is adequate. Barr v. Nicholson, 21 Vet. App. 303, 312 (2007). A medical opinion is adequate where it is based upon consideration of the full medical history and describes a disability in sufficient detail so that the Board’s evaluation will be fully informed. Stefl v. Nicholson, 21 Vet. App. 120, 123 (2007). Here, the Board finds the March 2017 VA examination relating to the Veteran’s low back disability is inadequate for decision-making purposes because the examination report is internally inconsistent. The examiner stated that the examination was neither medically consistent or inconsistent with the Veteran’s statements describing functional loss due to pain after repetitive use over time and during flare ups. The examiner proceeded to state that the Veteran’s pain limited functional ability after repetitive use over time and during flare ups. The examiner stated he was able to describe the limited functional ability in terms of range of motion. Despite reporting that Veteran’s pain limited functional ability after repetitive use over time and flare ups, the examiner reported identical range of motion results as he reported in the initial range of motion measurements. The inconsistency prevents the Board from making an informed decision. As the examination is not adequate for decision-making purposes, the Veteran must be provided a new VA examination to address the current severity of Veteran’s lower back disability. 2. Increased rating for bilateral lower extremity radiculopathy is remanded The Board finds that further development is necessary before a decision on the merits may be made regarding the issue of entitlement to an initial disability rating in excess of 10 percent for bilateral lower extremity radiculopathy. The Veteran was last provided a VA examination relating to his bilateral lower extremity radiculopathy in March 2017, over 2 years ago. In the February 2018 substantive appeal, the Veteran stated that the Veteran’s condition has increased in severity. The Veteran stated he suffers from continuous and severe pain bilaterally, and he walks with a limp. The March 2017 VA examination showed only dull and intermittent pain in the Veteran’s lower extremities bilaterally. In light of the Veteran’s assertions, a new VA examination is required so that the current nature and severity of the Veteran’s service-connected disabilities may be determined. See 38 U.S.C. § 5103A; 38 C.F.R. § 3.159; see also Green v. Derwinski, 1 Vet. App. 121, 124 (1991) (VA has a duty to provide the veteran with a thorough and contemporaneous medical examination); Weggenmann v. Brown, 5 Vet. App. 281 (1993) (VA has a duty to provide an examination when there is evidence that the disability has worsened since the previous examination). These matters are REMANDED for the following actions: 1. Schedule the Veteran for a VA examination to determine the nature, severity and extent of his service-connected DDD and his service-connected bilateral lower extremity radiculopathy. 2. Readjudicate the appeals. R. FEINBERG Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD A. St. Laurent