Citation Nr: 21063751
Decision Date: 10/15/21	Archive Date: 10/15/21

DOCKET NO. 15-10 796
DATE: October 15, 2021

REMANDED

Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1957 to April 1958 and again from April 1983 to March 2000. He also had approximately 37 years of Reserve service with the National Guard.

In April 2021, the Board most recently remanded the issue on appeal for further development, and the case has since been returned to the Board. The Board finds that the AOJ has not substantially complied with the remand directives.  See Stegall v. West, 11 Vet. App. 268, 271 (1998).

Entitlement to TDIU is remanded.

In the July 2020 Board remand, the Board directed the AOJ to obtain an addendum opinion regarding the functional impact of the Veteran's service-connected disabilities. Specifically, it was noted that "[i]f the examiner finds no functional impact from the Veteran's service-connected back, leg and foot disorders, such should be reconciled with examination findings showing impairment."

To that end, an addendum opinion on the Veteran's service-connected bilateral lower extremity with restless leg syndrome condition was provided in June 2021. The examiner stated that all pertinent records have been reviewed and there was no functional impact in an occupational setting due to Veteran's bilateral lower extremity radiculopathy with restless leg syndrome.

However, the examiner failed to reconcile his finding on no functional impact with the previous examination findings showing impairment as required by the remand directives. Accordingly, an additional remand is required for an addendum opinion.

The matter is REMANDED for the following action:

Obtain an addendum opinion from the June 2021 examiner regarding the functional impact of the Veteran's service-connected bilateral lower extremity radiculopathy with restless leg syndrome.

The examiner MUST reconcile his previous finding of no functional impact with the August 2019 examination indicating severe intermittent pain, moderate paresthesias and numbness along with the Veteran's statements regarding flare-ups and limited mobility.  

 

L. M. BARNARD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	R. A. Elliott II, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.