Citation Nr: 21067231
Decision Date: 11/03/21	Archive Date: 11/03/21

DOCKET NO. 17-57 646
DATE: November 3, 2021

REMANDED

Prior to October 15, 2016, entitlement to a disability rating in excess of 10 percent for left lower extremity radiculopathy is remanded.

On and after October 15, 2016, entitlement to a disability rating in excess of 20 percent for the service-connected left lower extremity radiculopathy is remanded.

REASONS FOR REMAND

The Veteran served honorably in the United States Army from October 1989 to July 1993.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a December 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).  This appeal is being adjudicated under the legacy appellate framework.

The Veteran testified at a personal hearing before the Board in April 2021, and a transcript of the hearing is of record.

These matters were previously before the Board, and, in July 2021, the Board remanded these matters for further development.

1. Prior to October 15, 2016, entitlement to a disability rating in excess of 10 percent for left lower extremity radiculopathy is remanded.

At issue is whether the Veteran is entitled to a higher disability rating for left lower extremity radiculopathy.  In July 2021, the Board remanded this matter in order to provide the Veteran with a respective medical opinion on the severity of the Veteran's left lower extremity radiculopathy from April 15, 2009 to October 14, 2016.  The Veteran was provided a VA examination in August 2021, but this examination appears to simply describe the then current severity of the Veteran's left lower extremity radiculopathy.  Therefore, this matter must be remanded in order to ensure substantial compliance with the Board's previous remand instructions.  Stegall v. West, 11 Vet. App. 268 (1998).

2. On and after October 15, 2016, entitlement to a disability rating in excess of 20 percent for the service-connected left lower extremity radiculopathy is remanded.

The issue of whether the Veteran is entitled to a disability rating in excess of 20 percent for service-connected left lower extremity radiculopathy is inextricably intertwined with the above, and it must be remanded as well in order to avoid piecemeal appellate litigation.  Harris v. Derwinski, 1 Vet. App. 180 (1991).

The matters are REMANDED for the following action:

1. Arrange to provide the Veteran with a VA examination in order to address the following:

(a.) Please describe the severity of the symptom of constant pain due to left lower extremity radiculopathy from April 15, 2009 to October 14, 2016 (none, mild, moderate, or severe).  Please explain why.

(b.) Please describe the severity of the symptom of intermittent pain due to left lower extremity radiculopathy from April 15, 2009 to October 14, 2016 (none, mild, moderate, or severe).  Please explain why.

(c.) Please describe the severity of the symptom of paresthesias and/or dysesthesias due to left lower extremity radiculopathy from April 15, 2009 to October 14, 2016 (none, mild, moderate, or severe).  Please explain why.

(d.) Please describe the severity of the symptom of numbness due to left lower extremity radiculopathy from April 15, 2009 to October 14, 2016 (none, mild, moderate, or severe).  Please explain why.

(e.) Please indicate whether or not the Veteran's left lower extremity radiculopathy contributed to atrophy of the left lower extremity from April 15 to October 14, 2016.  Please explain why.

(f.) Please describe the overall severity of the paralysis of the Veteran's left lower extremity radiculopathy from April 15, 2009 to October 14, 2016 (none, mild incomplete paralysis, moderate incomplete paralysis, moderately-severe incomplete paralysis, severe incomplete paralysis, or severe incomplete paralysis with marked atrophy).  Please explain why.

2. Arrange to provide the Veteran with a VA examination 

 

in order to discuss the current severity of the Veteran's left lower extremity radiculopathy.

 

 

DAVID L. WIGHT

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	David R. Seaton, 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.