Citation Nr: 21061384 Decision Date: 10/01/21 Archive Date: 10/01/21 DOCKET NO. 16-40 885A DATE: October 1, 2021 REMANDED Entitlement to a disability rating in excess of 70 percent for depressive disorder is remanded. Entitlement to a disability rating in excess of 60 percent for lumbosacral strain with degenerative joint and disc disease is remanded. Entitlement to a separate rating for radiculopathy of the left leg is remanded. Entitlement to a separate rating for radiculopathy of the right leg is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Marine Corps from March 1976 to June 1980. These matters come before the Board of Veterans' Appeals (Board) on appeal from a rating decision issued by a Department of Veterans Affairs (VA) Regional Office. In November 2018, the Board remanded the case to the Agency of Original Jurisdiction (AOJ) for additional development, and it has returned for further appellate review. In the November 2018 remand, the Board instructed the AOJ to readjudicate the case as additional VA treatment records and VA examination reports were added to the record, and the Veteran had not waived initial AOJ consideration of that evidence. The Board finds that there was substantial compliance with the remand directives as the AOJ readjudicated the claims based on the entirety of the record. See Stegall v. West, 11 Vet. App. 268 (1998). As explained below, additional development is necessary prior to final adjudication. 1. Entitlement to a disability rating in excess of 70 percent for depressive disorder is remanded. 2. Entitlement to a disability rating in excess of 60 percent for lumbosacral strain is remanded. 3. Entitlement to a separate rating for radiculopathy of the left leg is remanded. 4. Entitlement to a separate rating for radiculopathy of the right leg is remanded. In an August 2021 statement, the Veteran asserted that new VA examinations were necessary to accurately evaluate the current severity of his service-connected conditions. He was last afforded a VA examination for his service-connected depressive disorder and lumbosacral strain in May 2016. The Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of his service-connected depressive disorder and lumbosacral strain. Finally, because a VA examination for the lumbosacral strain could significantly impact a decision on the issues of separate rating for radiculopathy of the left and right leg, the issues are inextricably intertwined. A remand of these issues is required. The matters are REMANDED for the following action: 1. Ask the Veteran to identify all outstanding treatment records relevant to his depressive disorder and lumbosacral strain claims. All identified VA records should be added to the claims file. All other properly identified records should be obtained if the necessary authorization to obtain the records is provided by the Veteran. If any records are not available, or the Veteran identifies sources of treatment but does not provide authorization to obtain records, appropriate action should be taken, to include notifying the Veteran of the unavailability of the records. 2. After records development is completed, schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected depressive disorder. The claims file should be reviewed by the examiner. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria. 3. After records development is completed, schedule the Veteran for a VA examination to determine the current symptoms, level of severity, and functional impairment associated with his lumbosacral strain. The claims file should be reviewed by the examiner. Full range of motion testing must be performed where possible. The joint(s) involved should be tested in both active and passive motion, in weight-bearing and non weight-bearing and, if possible, with range of the opposite undamaged joint. If the examiner is unable to conduct the required testing or concludes that the required testing is not necessary in this case, he or she should clearly explain the basis for this decision. The examiner should also determine if the Veteran has radiculopathy of either leg. 4. Readjudicate the claims. D. Martz Ames Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Mathew 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.