Citation Nr: 20007166 Decision Date: 01/28/20 Archive Date: 01/28/20 DOCKET NO. 16-43 280 DATE: January 28, 2020 ORDER Entitlement to service connection for left lower extremity radiculopathy, as secondary to service-connected degenerative joint disease (DJD) of the lumbar spine is granted. Entitlement to service connection for right lower extremity radiculopathy, as secondary to service-connected degenerative joint disease (DJD) of the lumbar spine is granted. REMANDED Entitlement to a rating in excess of 20 percent for degenerative joint disease (DJD) of the lumbar spine is remanded. FINDINGS OF FACT 1. The Veteran’s radiculopathy of the lower left extremity is proximately due to his service-connected DJD of the lumbar spine. 2. The Veteran’s radiculopathy of the lower right extremity is proximately due to his service-connected DJD of the lumbar spine. CONCLUSIONS OF LAW 1. The criteria for service connection for radiculopathy for lower left radiculopathy as secondary to DJD of the lumbar spine are met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.310. 2. The criteria for service connection for radiculopathy for lower right radiculopathy as secondary to DJD of the lumbar spine are met. 38 U.S.C. §§ 1101, 5107; 38 C.F.R. §§ 3.102, 3.310. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran actively served in the United States Navy from February 1989 to May 1989 and September 1995 to July 1996. The Veteran also has service in the Kansas Army National Guard. These matters appear before the Board of Veterans’ Appeals (Board) on appeal of May 2016 rating decision of the Regional Office (RO) in St. Louis, Missouri. The May 2016 rating decision came after a February 2015 Board remand, which appeared before the Board on appeal of a June 2004 rating decision. In March 2019, the Veteran testified before the undersigned Veterans Law Judge via videoconference from the RO in St. Louis, Missouri; a transcript is of record. 1. Entitlement to service connection for lower left extremity radiculopathy, as secondary to service-connected DJD of the lumbar spine 2. Entitlement to service connection for lower right extremity radiculopathy, as secondary to service-connected DJD of the lumbar spine During the course of the appeal, manifestations of the Veteran’s service-connected DJD of the lumbar spine include radiculopathy of the bilateral lower extremities. During the Veteran’s hearing, he testified that he had decreased sensation, pain, and numbness in both lower extremities. The Veteran associated these symptoms with his service-connected DJD. In April 2016 VA treatment records a doctor concluded that the Veteran’s hip pain was radiculopathy associated with DJD of the lumbar spine. Specifically, the doctor concluded that after an x-ray showed no abnormalities, his hip pain was more likely related to nerve root irritation in the lumbar spine. In an earlier treatment note that same day, the doctor explained that the radicular component is from known lumbar spine issues. A March 2016 VA examiner noted radiculopathy of the bilateral lower extremities on the back (thoracolumbar spine) examination. The examination indicates moderate intermittent pain, moderate paresthesias and/or dysesthesias, and moderate numbness in the bilateral lower extremities. The examiner concludes that the severity of radiculopathy is moderate in both bilateral extremities, and the L2, L3, and L4 nerve roots (femoral nerve) are involved. The Board finds that radiculopathy, diagnosed by the VA examiner in March 2016, is a manifestation of the Veteran’s service-connected DJD of the lumbar spine. Accordingly, entitlement to service connection for radiculopathy of the lower left extremity and radiculopathy of the lower right extremity is warranted. REASONS FOR REMAND 1. Entitlement to a rating in excess of 20 percent for DJD of the lumbar spine In a March 2019 statement, the Veteran asserted that the DJD of the lumbar spine has increased in severity since the Veteran was last examined by VA. The Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of DJD of the lumbar spine. The matters are REMANDED for the following action: 1. Obtain any outstanding VA treatment records from June 2016 onwards and associate them with the file. (Continued on the next page)   2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected DJD of the lumbar spine. R. FEINBERG Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. N. Fournier, Associate Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.