Citation Nr: 21066992 Decision Date: 11/03/21 Archive Date: 11/03/21 DOCKET NO. 16-15 209A DATE: November 3, 2021 REMANDED A rating higher than 40 percent for lumbar spine degenerative disc disease is remanded. A rating higher than 10 percent for radiculopathy left lower extremity is remanded. A rating higher than 10 percent for radiculopathy right lower extremity is remanded. A total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1979 to October 1982. The Veteran testified before the undersigned Veterans Law Judge at a hearing in February 2021; a copy of the transcript is of record. Lumbar Spine Bilateral Lower Extremity Radiculopathy The Board regrets additional delay. However, the Veteran has not undergone a VA examination of his lumbar spine since 2016. Though a private examination was conducted and associated with the record in 2021, that examination did not provide a complete estimation of the Veteran's range of motion of his back as required to fully evaluate the degree of the Veteran's disability. Furthermore, the 2021 private examination specifically stated that diagnostic tests were necessary for a complete evaluation of the Veteran's lumbar spine and bilateral lower extremity radiculopathy. As such, remand is necessary to obtain these diagnostic tests and obtain complete estimations of the Veteran's lumbar spine range of motion. TDIU With respect to the Veteran's claim of entitlement to a TDIU, the claim is inextricably intertwined with the above remands. The appropriate remedy where a pending claim is inextricably intertwined with a claim currently on appeal is to remand the claim on appeal pending the adjudication of the inextricably intertwined claim. Harris v. Derwinski, 1 Vet. App. 180, 183 (1991). The matters are REMANDED for the following action: Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected lumbar spine and bilateral lower extremity radiculopathy disabilities. 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. An MRI of the Veteran's lumbar spine and an EMG study of his bilateral lower extremities must be conducted in conjunction with the examinations. As to the Veteran's lumbar spine, the examiner must attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups. If it is not possible to provide a specific measurement based on direct observation, the examiner should provide an estimate, if possible, of the additional impairment due to flare-ups based on the other evidence of record and the Veteran's statements. If it is not possible to provide a specific measurement without speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner (does not have the knowledge or training). As to the Veteran's bilateral lower extremity radiculopathy, the examiner should detail in the report the severity of the Veteran's radiculopathy (i.e., mild, moderate, moderately severe, or severe). The examiner must attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups. JOHN Z. JONES Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Parrish, 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.