Citation Nr: 21001072 Decision Date: 01/07/21 Archive Date: 01/07/21 DOCKET NO. 13-25 277A DATE: January 7, 2021 REMANDED Entitlement to an evaluation in excess of 10 percent for service-connected cervical spine disability is remanded. Entitlement to an evaluation in excess of 10 percent for service-connected lumbar spine disability is remanded. Entitlement to an evaluation in excess of 10 percent for service-connected radiculopathy of the right lower extremity is remanded. REASONS FOR REMAND The Veteran served on active duty from December 1991 to March 1997. This matter comes before the Board of Veterans’ Appeals (Board) from a January 2011 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). As an initial matter the Board notes that the Veteran withdrew his request for an increased evaluation for service-connected radiculopathy of the left lower extremity in a September 2013 statement, prior to certification to the Board, specifically stating that he is satisfied with the assigned evaluation of 20 percent. Accordingly, the Board has no jurisdiction over that claim. Entitlement to an evaluation in excess of 10 percent for service-connected cervical and lumbar spine disabilities, and in excess of 10 percent for service-connected radiculopathy of the right lower extremity is remanded. The Board notes that the Veteran’s most recent VA examination for his claimed conditions was conducted in November 2010, almost eleven years ago. Given the length of time since the last examination, and the potential worsening of the Veteran’s claimed conditions, a remand is warranted for a contemporaneous examination. The matters are REMANDED for the following action: Afford the Veteran a VA examination by an examiner with sufficient expertise to fully assess the severity of the Veteran’s service-connected lumbar spine, cervical spine, and radiculopathy of the right lower extremity. All pertinent evidence of record should be made available to and reviewed by the examiner. Any indicated studies should be performed. (Continued on the next page)   Ensure the examiner provides all information required for rating purposes, to specifically include both active and passive range of motion testing, as well as weight-bearing and nonweight-bearing range of motion assessments. In addition, the examiner must consider and discuss all procurable and assembled data such as the frequency, duration, characteristics, precipitating and alleviating factors, and the severity of the flare-ups, and then provide an assessment of the functional loss during flares, if possible in degrees of motion lost. If the examiner is unable to conduct the required testing or concludes that the required testing is not necessary, he or she should be directed to clearly explain why that is so. T. REYNOLDS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Gorum, 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.