Citation Nr: 21069434 Decision Date: 11/18/21 Archive Date: 11/18/21 DOCKET NO. 13-35 113 DATE: November 18, 2021 REMANDED Entitlement to an initial rating in excess of 10 percent for sciatica of the left leg is remanded. Entitlement to an initial rating in excess of 10 percent for peripheral neuropathy of the right lower extremity is remanded. Entitlement to service connection for peripheral neuropathy of the left lower extremity, claimed as secondary to service-connected disabilities, is remanded. Entitlement to service connection for sciatica of the right leg, claimed as secondary to service-connected disabilities, is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1980 to December 1985. This matter is on appeal from November 2013 and April 2015 decisions of a Department of Veterans Affairs (VA) Regional Office (RO). In April 2017, a hearing was held before the undersigned. A transcript of the hearing is in the record. The case was previously before the Board in September 2017, October 2019, and December 2020 when it was remanded for further development. Regarding the matter of entitlement to a total disability rating due to individual unemployability (TDIU) prior to May 21, 2014, a January 2021 rating decision awarded TDIU to an earlier effective date of October 19, 2013, the day after the Veteran's last day of employment. The rating decision indicated that this was a full grant of the benefits sought on appeal, and the claim is no longer before the Board. Entitlement to (1) an increased rating for left leg sciatica, (2) an increased rating for right lower extremity peripheral neuropathy, (3) service connection for left lower extremity peripheral neuropathy, and (4) service connection for right leg sciatica is remanded. This matter was previously remanded to determine the precise nerve involvement of the Veteran's disabilities. In December 2020, VA obtained a medical opinion which discuss the Veteran's disability. However, in the December 2020 remand, the Board directives stated that the examiner must respond to each question individually and specifically address whether the Veteran has impairment of the sciatic or anterior crural nerve. The December 2020 opinion does not reflect that the clinician addressed the directives individually, specifically whether the Veteran has impairment of the anterior crural nerve. A remand by the Board confers upon the Veteran, as a matter of law, the right to substantial compliance with remand directives. Stegall v. West, 11 Vet. App. 268, 271 (1998). Thus, an addendum opinion must be obtained to ensure substantial compliance with the prior remand directives. The record also reflects the Veteran receives VA treatment; thus, updated VA treatment records should be associated with the claims file. The matters are REMANDED for the following action: 1. Obtain the Veteran's VA treatment records for the period from December 2020 to the present. 2. Obtain an addendum opinion from the December 2020 VA examiner, or another appropriate clinician if that examiner is not available. An in-person examination (or telehealth interview, if an in-person examination is not feasible) is only necessary if deemed so by the examiner. The reviewing clinician should be requested to provide an opinion (based on a review of the record) to address the following: (a.) Clarify whether the Veteran has impairment of the sciatic nerve in each lower extremity. If no such impairment is found, provide a rationale for this finding. The rationale should address the Veteran's previous diagnosis of sciatica of the left lower extremity. (b.) Clarify whether the Veteran has impairment of the anterior crural nerve in each lower extremity. If no such impairment is found, provide a rationale for this finding. The rationale should address the Veteran's previous diagnosis of paralysis of the anterior crural nerve. (c.) Clarify whether the Veteran has peripheral neuropathy of the left lower extremity (or any symptoms similar to peripheral neuropathy without a diagnosis that cause functional impairment). (d.) If so, is it at least as likely as not (50 percent probability or greater) that such is caused or aggravated (any increase in severity beyond natural progression) by his service-connected lumbar spine disability, left leg sciatica, or right lower extremity peripheral neuropathy? (e.) Clarify whether the Veteran has sciatica of the right lower extremity (or any symptoms similar to sciatica without a diagnosis that cause functional impairment). (f.) If there is such impairment, is it at least as likely as not (50 percent probability or greater) that such is caused or aggravated (any increase in severity beyond natural progression) by his service-connected lumbar spine disability, left leg sciatica, or right lower extremity peripheral neuropathy? For the sake of clarity, the examiner must respond to each question individually. A complete rationale for all opinions must be provided. If the clinician cannot provide a requested opinion without resorting to speculation, it must be so stated, and the clinician must provide the reasons why an opinion would require speculation. The clinician must indicate whether there was any further need for information or testing necessary to make a determination. Additionally, the clinician must indicate whether any opinion could not be rendered due to limitations of knowledge in the medical community at large and not those of the particular examiner. M. SORISIO Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. H. White, 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.