Citation Nr: 21064436 Decision Date: 10/20/21 Archive Date: 10/20/21 DOCKET NO. 17-26 601 DATE: October 20, 2021 REMANDED Entitlement to service connection for sciatica of the right lower extremity, to include as secondary to service-connected low back strain is remanded. REASONS FOR REMAND The Veteran honorably served on active duty in the United States Army from April 1992 to July 1992. The Veteran also subsequently served in the United States Army Reserves. This matter comes before the Board of Veterans Appeals (Board) on appeal of an April 2016 rating decision. The Veteran's claim was previously remanded in February 2021 after a Joint Motion for Partial Remand (JMR) was ordered by the United States Court of Appeals for Veterans Claims (CAVC). In July 2021, the Veteran was afforded a new VA examination. The VA examiner found that it was at least as likely as not that the Veteran's arthritis of the low back was due to or the result of the Veteran's service-connected low back strain. In July 2021, the Regional Office (RO) of the Department of Veterans Affairs (VA) issued a rating decision granting the Veteran's claim to entitlement to service connection for arthritis of the low back as secondary to service-connected low back strain. This represents a complete grant of the Veteran's appeal in regard to this claim. See Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997). Accordingly, this issue is no longer before the Board. In July 2021, the RO issued a supplemental statement of the case (SSOC) denying the Veteran's claim to service connection for sciatica of the right lower extremity to include as secondary to service-connected low back strain. This claim is now properly before the Board. 1. Entitlement to service connection for sciatica of the right lower extremity, to include as secondary to service-connected low back strain. The Veteran contends that she is entitled to service connection for sciatica of the right lower extremity, to include as secondary to her service-connected low back strain. In July 2021, the VA examiner noted that there was a decreased lateral range of motion in the Veteran's right leg. The examiner did not discuss the possible cause, nature or etiology of the Veteran's decrease in range of motion on the right leg. The Board finds that the examiner was specifically asked to address the issue of the Veteran's sciatica of the right lower extremity. The examiner was also asked to consider the Veteran's sciatica of the right lower extremity as secondary to low back strain. The RO was asked to adjudicate based on the entirety of the evidence. The Board finds that there is evidence within the July 2021 VA examination that indicates that the Veteran's right leg is impacted; however, the examiner never addressed the cause or nature and etiology of the limited range of motion found during the VA examination. The Board finds that the examiner failed to fully address the Veteran's sciatica of the right lower extremity as requested in the February 2021 Remand. Although further delay is regrettable, the Board finds that a remand is necessary in this case. The Board provided the July 2021 VA examiner and the RO with specific instructions in which the examiner did not comply. Compliance with remand directives is not optional or discretionary, and the Board errs as a matter of law when it fails to ensure compliance. Stegall v. West, 11 Vet. App. 268 (1998). The matters are REMANDED for the following action: 1. Associate with the claims folder updated VA treatment records. 2. Schedule the Veteran for a VA examination by an appropriate medical professional with respect to the claim for sciatica of the right lower extremity to include as secondary to low back strain. Provide the Veteran with a full examination and determine if the Veteran does in fact have a current diagnosis sciatica of the right lower extremity. The examiner should determine whether it is at least as likely as not (50 percent probability or greater) that the Veteran's sciatica of the right lower extremity is either caused by her service-connected low back strain; OR Is it at least as likely as not (50 percent probability or greater) that a service-connected low back strain results in any additional functional impairment associated with her sciatica of the right lower extremity (e.g., a medically discernible increase in frequency, duration and/or severity, even if temporary, above the degree associated with that which would be expected). The examiner is requested to discuss whether the underlying service-connected disorder low back strain is medically capable of causing or aggravating sciatica of the right lower extremity and if so, whether the Veteran's sciatica of the right lower extremity has been caused or aggravated based on the particular facts of the case. 3. The examiner must provide all findings, along with a complete rationale for his or her opinion(s) in the examination report. If any of the above requested opinions cannot be made without resort to speculation, the examiner must state this and provide a rationale for such conclusion. B. MULLINS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board H. Hailu, Associate 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.