Citation Nr: 21004365 Decision Date: 01/26/21 Archive Date: 01/26/21 DOCKET NO. 16-27 809 DATE: January 26, 2021 ORDER A disability rating for a back disability in excess of 10 percent prior to June 13, 2014 and in excess of 40 percent thereafter is denied. A disability rating in excess of 20 percent for a neck disability is denied. A disability rating of 40 percent, but no more, for radiculopathy of the right upper extremity prior to August 18, 2017 for radiculopathy of the right upper extremity is granted. A disability rating in excess of 20 percent for radiculopathy of the right upper extremity from August 18, 2017 is denied. REMANDED An initial disability rating for sciatic radiculopathy of the right lower extremity in excess of 10 percent prior to March 19, 2020 and in excess of 20 percent thereafter is remanded. An initial disability rating for femoral radiculopathy of the right lower extremity in excess of 10 percent prior to March 19, 2020 and in excess of 20 percent thereafter is remanded. A total disability rating due to individual unemployability (TDIU) is remanded. FINDINGS OF FACT 1. Prior to June 13, 2014, the Veteran’s back disability did not manifest incapacitating episodes lasting two weeks or more; ankylosis; a flexion of 60 degrees or less; a combined range of motion of 120 degrees or less; or a combined range of motion not greater than 120 degrees; or muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis; and, from June 13, 2014, the Veteran’s back disability did not manifest ankylosis or incapacitating lasting six weeks or more. 2. The Veteran’s neck disability did not manifest a flexion of 15 degrees or less, ankylosis, or incapacitating episodes lasting four weeks or more. 3. Prior to August 18, 2017, the Veteran’s right upper extremity did not manifest severe incomplete paralysis or complete paralysis of the right upper extremity. 4. From August 18, 2017, the Veteran’s right upper extremity did not manifest moderate incomplete paralysis, severe incomplete paralysis, or complete paralysis of the right upper extremity CONCLUSIONS OF LAW 1. The criteria for disability rating for a back disability in excess of 10 percent prior to June 13, 2014 and in excess of 40 percent thereafter have not been met. 38 U.S.C. § 1155; 38 C.F.R. § 4.71a, Diagnostic Code 5243. 2. The criteria for a disability rating in excess of 20 percent for a neck disability have not been met. 38 U.S.C. § 1155; 38 C.F.R. § 4.71a, Diagnostic Code 5237. 3. The criteria for a disability rating of 40 percent but no more radiculopathy, right upper extremity prior to August 18, 2017 have been met. 38 U.S.C. § 1155; 38 C.F.R. § 4.124a, Diagnostic Code 8510. 4. The criteria for a disability rating in excess of 20 percent from August 18, 2017 for a disability rating of 20 percent for radiculopathy of the right upper extremity have not been met. 38 U.S.C. § 1155; 38 C.F.R. § 4.124a, Diagnostic Code 8510. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served honorably in the United States Army from March 1989 to August 1995, from March 2003 to May 2003, and from September 2003 to October 2009. These matters come to the Board of Veterans’ Appeals (Board) on appeal from an October 2014 rating decision of a Department of Veterans Appeals (VA) Regional Office (RO). This appeal is being adjudicated under the legacy appellate framework. The Veteran testified at a personal hearing before the Board in October 2019, and a transcript of the hearing is of record. These matters were previously before the Board, and, in January 2020, the Board remanded these matters for further development. Further development in substantial compliance with the Board’s previous remand instructions has been completed. Increased Rating Disability ratings are determined by applying a schedule of ratings that is based on average impairment of earning capacity. Separate diagnostic codes identify the various disabilities. 38 U.S.C. § 1155; 38 C.F.R., Part 4. Each disability must be viewed in relation to its history and the limitation of activity imposed by the disabling condition should be emphasized. 38 C.F.R. § 4.1. Examination reports are to be interpreted in light of the whole recorded history, and each disability must be considered from the point of view of the appellant working or seeking work. 38 C.F.R. § 4.2. Where there is a question as to which of two disability evaluations shall be applied, the higher evaluation is to be assigned if the disability picture more nearly approximates the criteria required for that rating. Otherwise, the lower rating is to be assigned. 38 C.F.R. § 4.7. 1. A disability rating for a back disability in excess of 10 percent prior to June 13, 2014 and in excess of 40 percent thereafter is denied. At issue is whether the Veteran is entitled to an increased disability rating for a back disability. The weight of the evidence indicates that the Veteran is not entitled to an increased disability rating. The Veteran first filed for service connection in December 2009, and, in May 2010, the RO granted service connection and assigned a noncompensable disability rating effective the day after separation from service. The Veteran commenced an appeal of the initial disability rating, but the appeal was discontinued after the Veteran failed to perfect a substantive appeal to the Board after the issuance of a statement of the case (SOC) responsive to the appeal issued in February 2014. The Veteran filed an increased disability rating on June 13, 2014, and, in October 2014, the RO assigned a disability rating of 10 percent effective March 20, 2013. The Veteran appealed the increased disability rating. During the pendency of the appeal, the Veteran was assigned a disability rating of 40 percent effective June 13, 2014. See June 2020 Rating Decision Code Sheet. Back disabilities are evaluated under the General Rating Formula for Diseases and Injuries of the Spine and the Formula for Rating Intervertebral Disc Syndrome (IVDS) Based on Incapacitating Episodes. 38 C.F.R. § 4.71a, General Rating Formula for Diseases and Injuries of the Spine, Formula for Rating IVDS Based on Incapacitating Episodes. Under the General Rating Formula for Diseases and Injuries of the Spine, a disability rating of 10 percent is assigned when the thoracolumbar spine manifests a flexion greater than 60 degrees but not greater than 85 degrees; a combined range of motion greater than 120 degrees but not greater than 235 degrees; muscle spasm, guarding, or localized tenderness not resulting in an abnormal gait or spinal contour; or a vertebral body fracture with loss of 50 percent or more of the height. A disability rating of 20 percent is assigned when the thoracolumbar spine manifests a flexion greater than 30 degrees but not greater than 60 degrees; a combined range of motion not greater than 120 degrees; or muscle spasm or guarding severe enough to cause an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis. A disability rating of 40 percent is assigned when the thoracolumbar spine manifests a flexion of 30 degrees or less or there is favorable ankylosis of the entire thoracolumbar spine. A disability rating of 50 percent is assigned when there is unfavorable ankylosis of the entire thoracolumbar spine, and a total disability rating is assigned when there is unfavorable ankylosis of the entire spine. 38 C.F.R. § 4.71a, General Rating Formula for Diseases and Injuries of the Spine. The combined disability rating is the sum of the flexion, extension, left and right lateral flexion, and left and right rotation. Id. at Note (2). Under the Formula for Rating IVDS Based on Incapacitating Episodes, a disability rating of 10 percent is assigned when the Veteran manifests incapacitating episodes having a total duration of at least one week but less than two weeks in the previous 12 months, and a disability rating of 20 percent is assigned when the Veteran manifests incapacitating episodes having a total duration of at least two weeks but less than four weeks in the previous 12 months. A disability rating of 40 percent is assigned when the Veteran manifests incapacitating episodes having a total duration of at least four weeks but less than six weeks in the previous 12 months, and a disability rating of 60 percent is assigned when the Veteran manifests incapacitating episodes having a total duration of at least six weeks during the previous 12 months. 38 C.F.R. § 4.71a, Formula for Rating IVDS Based on Incapacitating Episodes. An incapacitating episode is a period of acute signs and symptoms due to intervertebral disc syndrome that requires bed rest prescribed by a physician and treatment by a physician. 38 C.F.R. § 4.71a, Formula for Rating IVDS Based on Incapacitating Episodes. The Veteran’s treatment records indicate that the Veteran manifested back symptomology throughout the period on appeal. The Veteran underwent a VA examination in October 2014. The Veteran reported back symptomology including: back pain and flare-ups to include elevated weakness and an inability to move. The Veteran’s flexion was to 90 degrees or greater, and the Veteran’s combined range of motion was 235 or more. The Veteran was able to perform repetitive range of motion testing. The Veteran’s flexion remained unchanged, but the Veteran’s extension was reduced from 25 degrees to 20 degrees; thus, the Veteran’s combined range of motion was 230 degrees or more. The examiner observed that the Veteran’s reduction in range of motion was due to less movement than normal, weakened movement, and pain on movement. The examiner noted spasms, guarding, and tenderness, but the examiner did not indicate that this resulted in an abnormal gait or spinal contour. The examiner did not identify ankylosis of the Veteran’s spine. The examiner opined that the Veteran manifested at least one but less than two weeks of incapacitating episodes in the previous 12 months. The Veteran underwent another VA examination in August 2017. The Veteran reported chronic lower back pain as well as flare-ups that would result in increased pain and stiffness. The Veteran’s flexion was to 30 degrees, and the Veteran’s combined range of motion was to 175 degrees. The Veteran was able to perform three repetitions of range of motion testing without additional loss of range of motion. The examiner indicated that the Veteran’s reports of additional loss of range of motion were neither consistent nor inconsistent with the Veteran’s reports of additional functional loss, but the examiner indicated that an opinion on the degree of additional functional impairment could not be offered without resorting to mere speculation. The examiner indicated that the Veteran manifested muscle spasm, but that it did not result in an abnormal gait or spinal contour. The examiner indicated that the Veteran did not manifest ankylosis or any periods of incapacitating episodes in the previous 12 months. The Veteran testified at a personal hearing before the Board in October 2019 that she manifest back symptomology including: back pain, difficulty reaching behind her back, limited movement, and difficulty sleeping. See Transcript. The Veteran underwent another VA examination in March 2020. The Veteran reported back pain as well as flare-ups that create difficulty sitting or standing for prolonged periods of times. The Veteran’s flexion was to 30 degrees, and the Veteran’s combined range of motion was 155 degrees. The Veteran was able to perform repetitive range of motion testing without additional loss of range of motion. The examiner opined that the Veteran’s manifested additional functional loss, and the Veteran’s flexion was reduced to 20 degrees and his combined range of motion was reduced to 120 degrees. The examiner noted a muscle spasm resulting in an abnormal spinal contour. The examiner indicated that the Veteran did not manifest ankylosis or periods of incapacitating episodes in the previous 12 months. The weight of the evidence indicates that the Veteran is not entitled to a disability rating in excess of 10 percent prior to June 13, 2014. In order to meet the criteria for a disability rating in excess of 10 percent the Veteran needed to manifest: incapacitating episodes lasting two weeks or more; ankylosis; a flexion of 60 degrees or less; a combined range of motion of 120 degrees or less; or a combined range of motion not greater than 120 degrees; or muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis. Prior to June 12, 2014 however, the Veteran flexion was to 90 degrees, and the Veteran’s combined range of motion was 235 degrees or greater. Additionally, the Veteran did not manifest an abnormal spinal contour or altered gait. Finally, the Veteran only manifested incapacitating episodes of a total duration of less than two weeks. Therefore, the Veteran does not meet the criteria for a disability rating in excess of 10 percent prior to June 13, 2014. In evaluating disabilities of the musculoskeletal system, it is necessary to consider, along with the schedular criteria, functional loss due to flare-ups of pain, fatigability, incoordination, pain on movement, and weakness. DeLuca v. Brown, 8 Vet. App. 202 (1995). Functional loss may be due to due to pain, supported by adequate pathology and evidenced by visible behavior of the claimant undertaking the motion. 38 C.F.R. § 4.40. Weakened movement, excess fatigability, incoordination, pain on movement, swelling, deformity, or atrophy of disuse are relevant factors in regard to joint disability. 38 C.F.R. § 4.45. Even if range of motion was slightly limited by pain however, pain alone is not sufficient to warrant a higher rating, as pain may cause a functional loss, but pain itself does not constitute functional loss. Mitchell v. Shinseki, 25 Vet. App. 32 (2011). Rather, pain must affect some aspect of “the normal working movements of the body” such as “excursion, strength, speed, coordination, and endurance,” in order to constitute functional loss. Id. The Veteran clearly manifested additional functional impairment prior to June 13, 2014, because in October 2014 a VA examiner opined that the Veteran’s reduction in range of motion was due to less movement than normal, weakened movement, and pain on movement. Even taking this additional functional impairment into consideration, the Veteran is not entitled to an increased disability rating. During the repetitive range of motion testing during the October 2014 examination, the Veteran’s extension was reduced from 25 degrees to 20 degrees; thus the Veteran’s combined range of motion was 230 degrees or more. This is still well in excess of the requirements for an increased disability rating. Additionally, the Board notes that the Veteran’s flexion remained unchanged. Therefore, the Veteran is not entitled to an increase disability rating prior to June 13, 2014 even after taking additional functional impairment into consideration. The weight of the evidence indicates that the Veteran is not entitled to a disability rating in excess of 40 percent from June 13, 2014. In order to meet the criteria for a disability rating in excess of 40 percent, the Veteran needed to manifest ankylosis or incapacitating episodes lasting at least six weeks in duration. The Veteran did not manifest ankylosis or incapacitating episodes lasting six week or more from June 13, 2014. Therefore, the criteria for a disability rating in excess of 40 percent from June 13, 2014 have not been met. As previously discussed, the Board must consider whether or not the Veteran is manifesting any additional functional impairment. See DeLuca. When, as in this case, the Veteran has been assigned the maximum disability rating based on range of motion (40 percent for a thoracolumbar disability), further DeLuca analysis is foreclosed. Johnston v. Brown, 10 Vet. App. 80 (1997). Here, the weight of the probative evidence simply fails to demonstrate that the Veteran is entitled to an increased disability rating. Therefore, the evidence in this case is not so evenly balanced so as to allow application of the benefit-of-the-doubt rule as required by law and VA regulations. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. As such, an increased disability rating for a back disability is denied. 2. A disability rating in excess of 20 percent for a neck disability is denied. At issue is whether the Veteran is entitled to an increased disability rating for a neck disability. The weight of the evidence indicates that the Veteran is not entitled to a disability rating in excess of 20 percent for a neck disability. The Veteran first filed for service connection in December 2009, and, in May 2010, the RO granted service connection and assigned a disability rating of 10 percent effective the day after separation from service. The Veteran commenced an appeal of the initial disability rating, but the appeal was discontinued after the Veteran failed to perfect a substantive appeal to the Board after the issuance of a SOC responsive to the appeal issued in February 2014. The Veteran filed an increased disability rating on June 13, 2014, and, in October 2014, the RO denied the Veteran’s increased rating claim. The Veteran appealed the increased disability rating. During the pendency of the appeal, the Veteran was assigned a disability rating of 20 percent effective the day the increased rating claim was initially received. See June 2020 Rating Decision Code Sheet. Back disabilities are evaluated under the General Rating Formula for Diseases and IVDS Based on Incapacitating Episodes. 38 C.F.R. § 4.71a, General Rating Formula for Diseases and Injuries of the Spine, Formula for Rating IVDS Based on Incapacitating Episodes. Under the General Rating Formula for Diseases and Injuries of the Spine, a disability rating of 20 percent is assigned when a neck disability manifests a flexion greater than 15 degrees but not greater than 30 degrees, a combined range of motion not greater than 170 degrees, or muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis. A disability rating of 30 percent is assigned when a neck disability manifests a flexion of 15 degrees or less or favorable ankylosis of the entire cervical spine, and a disability rating of 40 percent is assigned for unfavorable ankylosis of the entire cervical spine. A total disability is assigned for unfavorable ankylosis of the entire spine. 38 C.F.R. § 4.71a, General Rating Formula for Diseases and Injuries of the Spine. Under the Formula for Rating IVDS Based on Incapacitating Episodes, a disability rating of 20 percent is assigned when the Veteran manifests incapacitating episodes lasting a duration of four week but no greater than six weeks. A disability rating of 40 percent is assigned when the Veteran manifests incapacitating episodes having a total duration of at least four weeks but less than six weeks in the previous 12 months, and a disability rating of 60 percent is assigned when the Veteran manifests incapacitating episodes having a total duration of at least six weeks during the previous 12 months. 38 C.F.R. § 4.71a, Formula for Rating IVDS Based on Incapacitating Episodes. The Veteran’s treatment records indicate that the Veteran manifested neck symptomology throughout the period on appeal. The Veteran underwent a VA examination in October 2014. The Veteran reported pain, pain on movement, and limitation of motion. The Veteran’s flexion was to 45 degrees, and the Veteran’s combined range of motion was to 305 degrees or greater. The Veteran was able to perform repetitive range of motion testing. The Veteran’s flexion remained unchanged, but the Veteran’s left lateral rotation was reduced to 50 degrees; thus, reducing the Veteran’s combined range of motion to 285 degrees or more. The examiner opined that the Veteran manifested additional functional loss due to less movement than normal, weakened movement, and pain on movement. The examiner indicated that the Veteran manifested localized tenderness, muscle spasms, and an abnormal gait, but the examiner did not indicate that the Veteran manifested an altered gait or abnormal spinal contour. The examiner opined that the Veteran did not manifest ankylosis of the spine, but that the Veteran did manifest incapacitating episodes lasting at least one week but less than two weeks in duration in the past 12 months. The Veteran underwent another VA examination in August 2017. The Veteran reported neck symptoms including pain, stiffness, and flare-ups. The Veteran’s flexion was to 20 degrees, and the Veteran’s combined range of motion was 180 degrees. The Veteran was able to perform repetitive range of motion testing without additional loss of range of motion. The examiner opined that the Veteran’s reports of flare-ups were neither medically consistent or inconsistent with the results of the examination, and that it would be impossible to opine on the level of additional functional impairment without engaging in additional functional impairment. The examiner indicated that the Veteran did not manifest additional functional impairment or incapacitating episodes within the previous 12 months. The Veteran testified at a personal hearing before the Board in October 2019 that she manifest neck symptomology including: limited range of motion. See Transcript The Veteran underwent another VA examination in March 2020. The Veteran reported constant neck pain and daily flare-ups. The Veteran’s flexion was to 20 degrees, and a combined range of motion is to 190 degrees. The Veteran was able to perform repetitive range of motion testing without additional loss of range of motion. The examiner opined that additional functional impairment limited the Veteran’s range of motion to a flexion of 20 degrees and a combined range of motion of 160 degrees. The examiner indicated that the Veteran did not manifest additional functional impairment or incapacitating episodes within the previous 12 months. The weight of the evidence indicates that the Veteran is not entitled to a disability rating in excess of 20 percent for a neck disability. In order to meet the criteria for a neck disability, the Veteran needed to manifest a flexion of 15 degrees or less, ankylosis, or incapacitating episodes having a total duration of at least four weeks in the previous 12 months. Nevertheless, the Veteran’s flexion was consistently measured as in excess of 15 degrees throughout the period on appeal, and the Veteran did not manifest any ankylosis throughout the period on appeal. Finally, the Veteran did not manifest a total duration of incapacitating episodes in excess of four weeks in any 12-month period throughout the period on appeal. Therefore, the weight of the evidence indicates that the Veteran did not meet the criteria for a disability rating of 20 percent throughout the period on appeal. As previously discussed, the Board must consider whether or not the Veteran is manifesting any additional functional impairment. See DeLuca. The Veteran clearly manifested additional functional impairment throughout the period on appeal. Nevertheless, VA examiners were consistently either were unable to offer an opinion as to the extent of the Veteran’s additional functional impairment or opined that the Veteran’s flexion – even after taking additional functional impairment into consideration – was still in excess of 15 degrees. Here, the weight of the probative evidence simply fails to demonstrate that the Veteran is entitled to an increased disability rating. Therefore, the evidence in this case is not so evenly balanced so as to allow application of the benefit-of-the-doubt rule as required by law and VA regulations. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. As such, an increased disability rating for a neck disability is denied. 3. A disability rating of 40 percent, but no more, for radiculopathy of the right upper extremity prior to August 18, 2017 for radiculopathy of the right upper extremity is granted. 4. A disability rating in excess of 20 percent for radiculopathy of the right upper extremity from August 18, 2017 is denied. At issue is whether the Veteran in entitled to an increased disability ratings for radiculopathy of the right lower extremity. The weight of the evidence indicates that the Veteran is entitled to a disability rating of 40 percent but no more for radiculopathy of the right upper extremity prior to August 18, 2017, but the Veteran is not entitled to an increased disability rating thereafter. The Veteran first filed for service connection in December 2009, and, in May 2010, the RO granted service connection and assigned a noncompensable disability rating effective the day after separation from service. The Veteran commenced an appeal of the initial disability rating, but the appeal was discontinued after the Veteran failed to perfect a substantive appeal to the Board after the issuance of a SOC responsive to the appeal issued in February 2014. The Veteran filed an increased disability rating on June 13, 2014, and, in October 2014, the RO increased the Veteran’s disability rating to 20 percent effective the day the increased rating claim was initially received. The Veteran appealed the increased disability rating. The Veteran’s right upper extremity is the Veteran’s dominant upper extremity. The Veteran’s disability rating of the dominant upper extremity is assigned pursuant to Diagnostic Code 8510. Under Diagnostic Code 8510, a disability rating of 20 percent is assigned for mild incomplete paralysis of the dominant upper extremity, and a disability rating of 40 percent is assigned for moderate incomplete paralysis of the dominant upper extremity. A disability rating of 50 percent is assigned for severe incomplete paralysis of the dominant upper extremity, and a disability rating of 70 percent is assigned for complete paralysis. Complete paralysis means all shoulder and elbow movement is lost or severely affected, but hand and wrist movements are not affected. 38 C.F.R. § 4.124a, Diagnostic Code 8510. The Veteran’s treatment records indicate that the Veteran manifested neurological symptomology of the right upper extremity throughout the period on appeal. The Veteran underwent a VA examination in October 2014. The Veteran reported radicular symptoms in her right arm including pain whenever she attempted to lift her arms above her head. The examiner noted moderate intermittent pain in the right upper extremity and opined that the overall severity of the Veteran’s radiculopathy was moderate. The Veteran underwent another VA examination on August 18, 2017. The Veteran reported radicular symptoms of the right upper extremity including right shoulder discomfort. The examiner noted that the Veteran manifested mild intermittent pain, paresthesias or dysesthesias, and numbness, and the examiner opined that the overall severity of the Veteran’s radiculopathy was mild. The Veteran testified at a personal hearing before the Board in October 2019 that she manifest neurological symptomology of the right shoulder including difficulty raising the right arm above her head and difficulty lifting with the right arm. See Transcript The Veteran underwent another VA examination in March 2020. The Veteran reported pain that radiates down her right arm as well as intermittent numbness. The examiner noted that the Veteran manifested severe intermittent pain, mild paresthesias or dysesthesias, and moderate numbness, and the examiner opined that the overall severity of the Veteran’s radiculopathy was mild. The weight of the evidence indicates that the Veteran is entitled to a disability rating of 40 percent prior to August 18, 2017, but the Veteran is not entitled to a disability rating in excess of 20 percent thereafter. The Veteran’s examination results indicate that the overall severity of the Veteran’s radiculopathy of the right upper extremity was moderate prior to August 18, 2017; that it became mild on August 18, 2017; and that is continued to remain mild thereafter. Moderate incomplete paralysis of the dominant upper extremity warrants a disability rating of 40 percent, and mild incomplete paralysis of the dominant upper extremity warrants a disability rating of 20 percent. The Veteran did not manifest moderate incomplete paralysis of the dominant upper extremity from August 18, 2017, because the record is silent for evidence suggesting that the Veteran manifested moderate incomplete paralysis from August 18, 2017 the period on appeal. The Veteran did not manifest severe incomplete paralysis or complete paralysis, because the record is silent for medical evidence suggesting that the Veteran manifested either level severity of paralysis during the period on appeal. As such, the Veteran meet the criteria for a disability rating of 40 percent, but no more, prior to August 18, 2017 and a disability rating of 20 percent, but no more, thereafter. Here, the weight of the probative evidence of record demonstrates that the Veteran is entitled to an increased disability for radiculopathy of the right upper extremity. Therefore, the evidence in this case is not so evenly balanced so as to allow application of the benefit-of-the-doubt rule as required by law and VA regulations. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. As such, entitlement to a disability rating of 40 percent, but no more, for radiculopathy of the upper right extremity prior to August 18, 2017 is granted, and the Veteran’s increased rating claims are otherwise denied. REASONS FOR REMAND 1. An initial disability rating for sciatic radiculopathy of the right lower extremity in excess of 10 percent prior to March 19, 2020 and in excess of 20 percent thereafter is remanded. 2. An initial disability rating for femoral radiculopathy of the right lower extremity in excess of 10 percent prior to March 19, 2020 and in excess of 20 percent thereafter is remanded. At issue is whether the Veteran is entitled to increased disability ratings for sciatic and femoral radiculopathy of the right lower extremity. The Veteran’s sciatic radiculopathy is evaluated pursuant to Diagnostic Code 8520; which provides for disability ratings ranging up to 80 percent based on whether or not the Veteran manifests complete paralysis or mild, moderate, moderately severe, or severe (with marked atrophy) incomplete paralysis. 38 C.F.R. § 4.124a, Diagnostic Code 8526. The Veteran’s femoral radiculopathy is evaluated pursuant to Diagnostic Code 8526; which provides for disability ratings ranging up to 40 percent based on whether or not the Veteran manifests complete paralysis or mild, moderate, or severe incomplete paralysis. 38 C.F.R. § 4.124a, Diagnostic Code 8526. The criteria for these disability ratings clearly overlap. The practice of providing multiple disability ratings for identical or near identical symptomology (known as pyramiding) is to be avoided. 38 C.F.R. § 4.14. Therefore, this matter must be remanded in order to provide a VA examination in order to determine what if any symptomology these two disabilities are manifesting that are unique from one another; or whether or not these two disabilities are manifest identical or near identical symptomology. 3. TDIU is remanded. TDIU is raised by the record, because the examinations of record indicate that the Veteran’s spinal disabilities and associated neurological disabilities have limited the Veteran’s ability to work. Rice v. Shinseki, 22 Vet. App. 447 (2009). TDIU is inextricably intertwined with the above issues, and it must be remanded as well. Harris v. Derwinski, 1 Vet. App. 180 (1991). The matters are REMANDED for the following action: Arrange to provide the Veteran with a VA examination (or if necessary, a phone interview and a medical opinion based on the medical evidence of record) in order to address the following questions: (a.) Please describe the current symptoms and the severity thereof of the Veteran’s sciatic radiculopathy of the right lower extremity. (b.) Please describe the current symptoms and the severity thereof of the Veteran’s femoral radiculopathy of the right lower extremity. (c.) What, if any, symptoms are unique to the Veteran’s sciatic radiculopathy of the right lower extremity (in other words that symptoms that the sciatic radiculopathy is manifesting that the femoral radiculopathy is not)? (d.) What, if any, symptoms are unique to the Veteran’s femoral radiculopathy of the right lower extremity (in other words that symptoms that the femoral radiculopathy is manifesting that the sciatic radiculopathy is not)? (e.) Comment on the Veteran’s ability to function in an occupational environment. (f.) Document any reported education or work experience. (g.) Describe functional impairment caused solely by the Veteran’s service-connected disabilities. DAVID L. WIGHT Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Seaton 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.