Citation Nr: 21002650 Decision Date: 01/14/21 Archive Date: 01/14/21 DOCKET NO. 16-03 960 DATE: January 14, 2021 REMANDED Entitlement to a rating in excess of 10 percent for degenerative disc disease of the lumbar spine, L4-5 is remanded. Entitlement to a rating in excess of 10 percent for degenerative disc disease of the cervical spine, C2-6 is remanded. Entitlement to service connection for a peripheral nerve disability of the left lower extremity is remanded. Entitlement to service connection for a peripheral nerve disability of the right lower extremity is remanded. REASONS FOR REMAND The Veteran served on active duty from March 2003 to April 2004. A videoconference hearing was held before the undersigned Veterans Law Judge (VLJ) in June 2019. The transcript is of record. During the hearing, the VLJ clarified the issues, asked if there was outstanding evidence and held the file open for the submission of evidence. Such actions comply with 38 C.F.R. § 3.103. The Board remanded the Veteran’s claims in October 2019. The Veteran’s claims folder has returned to the Board for further appellate consideration. Higher evaluations for degenerative disc disease of the lumbar spine, L4-5 and degenerative disc disease of the cervical spine, C2-6 and service connection for peripheral nerve disability of the right and left lower extremities The Board remanded the Veteran’s claims in October 2019 for the Veteran to be provided VA examinations to determine the current level of severity of his service-connected lumbar spine and cervical spine disabilities. Pursuant to the Board remand, the Veteran was scheduled for VA examinations for the lumbar spine and cervical spine disabilities in December 2019. However, the Veteran failed to report to the examinations. Pertinently, a review of the record reveals that the Veteran changed addresses following the October 2019 Board remand. Notably, a July 2020 supplemental statement of the case (SSOC) sent to the Veteran’s former address was returned as undeliverable. Although the November 2019 development letter sent to the Veteran from VA notifying him of the VA examinations was not returned as undeliverable, the Board observes that the Veteran moved from Florida to Nevada and may not have been available to attend the examinations. Indeed, the Veteran’s representative noted in the November 2020 Informal Hearing Presentation (IHP) that the Veteran changed addresses and that was the reason for his failure to the report to the VA examinations. In light of the foregoing, the Board will resolve the benefit of the doubt in the Veteran’s favor for his failure to report to the VA examinations and will remand the increased rating claims for the lumbar spine and cervical spine disabilities to determine the current level of severity of the disabilities. On remand, the agency of original jurisdiction (AOJ) should also ensure that the Veteran is informed of the consequences of any failure to report for the rescheduled examinations without good cause. The matters of service connection for peripheral nerve disabilities of the lower extremities are inextricably intertwined with the rating for the lumbar spine. Therefore, these issues must be remanded as well. The matters are REMANDED for the following action: 1. Schedule the Veteran for an examination of the current severity of his degenerative disc disease of the cervical spine and degenerative disc disease of the lumbar spine. The examiner must test the Veteran’s active motion, passive motion, and pain with weight-bearing and without weight-bearing (as applicable). The examiner must also attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups. If it is not possible to provide a specific measurement, or an opinion regarding flare-ups, symptoms, or functional impairment based on direct observation, the examiner should provide an estimate, if at all possible, of the additional impairment due to flare-ups based on the other evidence of record and the Veteran’s statements. 2. After the above development, and any additionally indicated development, has been completed, readjudicate the issues on appeal, including the inextricably intertwined issues of service connection for nerve disabilities of the lower extremities. If the benefits sought are not granted to the Veteran’s satisfaction, send the Veteran and his representative a Supplemental Statement of the Case. H. N. SCHWARTZ Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Arif Syed, 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.