Citation Nr: 21001431 Decision Date: 01/08/21 Archive Date: 01/08/21 DOCKET NO. 17-21 757 DATE: January 8, 2021 REMAND Entitlement to rating in excess of 20 percent for degenerative disc disease, lumbar spine is remanded. Entitlement to a rating in excess of 20 percent for right lower extremity radiculopathy is remanded. Entitlement to special monthly compensation (SMC) based on the need for aid and attendance is remanded. REASONS AND REMAND The Veteran served on active duty from October 1986 to May 1991. These matters are before the Board of Veterans’ Appeals (Board) on appeal from February 2014 and February 2015 rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO). In September 2020, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge. The transcript is associated with the claims file. The matters on appeal are remanded for new examinations. During the September 2020 Board hearing, the Veteran asserted that his disabilities have worsened since his October 2014 aid and attendance examination and his March 2019 back and peripheral nerve examinations. Specifically, the Veteran testified that his treatment methods are not as effective, he is falling more, his leg does not feel anything, and he uses a scooter to ambulate. His spouse and daughter also submitted statements suggesting that the Veteran’s disabilities have worsened and that his need for aid and attendance has increased. Further, as regards to the back disability, the Veteran was unable to perform range of motion testing at the March 2019 examination. He testified that it was difficult to perform such testing after driving two and a half hours to his examination location. On remand, the AOJ should make all efforts to schedule the Veteran for an examination closer to his home. The matters are REMANDED for the following action: 1. Obtain outstanding treatment records from June 2019 to the present. 2. Then, schedule the Veteran for a VA spine examination at a location that is convenient to the Veteran. The claims file must be made available to, and reviewed by the examiner. Any indicated studies must be performed. The examiner should attempt to provide all information required for rating purposes 3. Then, schedule the Veteran for a VA peripheral neuropathy examination at a location that is convenient to the Veteran. The claims file must be made available to, and reviewed by the examiner. Any indicated tests must be performed. the examiner must provide all information required for rating purposes. 4. Then, schedule the Veteran for a VA Aid and Attendance examination at a location that is convenient to the Veteran. The claims file must be made available to, and reviewed by the examiner. Any indicated tests must be performed. Based on the examination results and a review of the record, the examiner must provide an opinion as to whether it is at least as likely as not (50 percent or better probability) that the Veteran requires the aid and attendance of another person as a result of impairment caused a service-connected disability or disabilities. In forming the opinion, the examiner must consider both mental and physical impairment necessitating assistance performing activities of daily living, including dressing and undressing, keeping himself ordinarily clean and presentable; feeding; attending to the wants of nature; frequently adjusting of any special prosthetic or orthopedic appliances which by reason of the particular disability cannot be done without aid; or protecting her from hazards or dangers incident to his daily environment. A complete and detailed rationale for all opinions expressed must be provided. 5. Then, readjudicate the appeal. If a decision remains adverse to the Veteran, issue a supplemental statement of the case and allow the appropriate time for response. Then, return the case to the Board. Kristin Haddock Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Roya Bahrami, 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.