Citation Nr: 21065706 Decision Date: 10/27/21 Archive Date: 10/27/21 DOCKET NO. 15-12 120 DATE: October 27, 2021 REMANDED Entitlement to an initial rating in excess of 10 percent for left lower extremity radiculopathy is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU), prior to March 2, 2017, is remanded. REASONS FOR REMAND The Veteran served on active duty for multiple time periods, including from July 1975 to May 1981and from April 2009 to August 2011. He has additional reserve service. This matter is before the Board of Veterans' Appeals (Board) on appeal of October 2014 and August 2021 rating decisions of a Regional Office (RO) of the Department of Veterans Affairs (VA). In July 2018, the Veteran testified at a hearing before the undersigned. In December 2018, November 2020, and June 2021, the Board remanded the claims for additional development. The August 2021 rating decision allowed entitlement to a TDIU from March 2, 2017. This represents a partial grant as to the benefit sought. Entitlement to a TDIU prior to this date remains on appeal. 1. Entitlement to an initial rating in excess of 10 percent for left lower extremity radiculopathy is remanded. In November 2020, the Board remanded the claim for an increased initial rating for left lower extremity radiculopathy and directed that an additional VA examination be provided to evaluate the current severity of the condition. VA records indicate the Veteran canceled an examination scheduled in August 2021. However, there is no indication of the reason this appointment was canceled. VA treatment records show the Veteran sought and received VA primary care treatment in August 2021. He reported continued back and bilateral leg pain. Accordingly, the Board finds the Veteran should be provided an additional opportunity to attend a VA examination to evaluate his claim. The Veteran is advised that he has a duty to assist and cooperate with VA in developing evidence. The duty to assist is not a one-way street. Wood v. Derwinski, 1 Vet. App. 190 (1991); Hayes v. Brown, 5 Vet. App. 60 (1993) (VA's duty to assist is not a one-way street; if a veteran wants help, he cannot passively wait for it in those circumstances where his own actions are essential in obtaining evidence). Recent VA treatment records also show the Veteran receives medical care outside of the VA system. As there may be outstanding private records relevant to his claim of entitlement to an increased rating for left lower extremity radiculopathy, additional efforts must be made to assist the Veteran in obtaining any relevant outstanding private treatment records. 2. Entitlement to a total disability rating based on individual unemployability (TDIU), prior to March 2, 2017, is remanded. The claim of entitlement to a TDIU remains inextricably intertwined with the claim discussed above. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991). The matters are REMANDED for the following action: 1. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected left lower extremity radiculopathy. 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. 2. Ask the Veteran to complete a VA Form 21-4142 for any private treatment provider who may have records relevant to his claim seeking an increased rating for left lower extremity radiculopathy. Make two requests for the authorized records from any treatment provider identified, unless it is clear after the first request that a second request would be futile. M. HYLAND Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Jeanne Celtnieks 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.