Citation Nr: 21069454 Decision Date: 11/18/21 Archive Date: 11/18/21 DOCKET NO. 20-11 885 DATE: November 18, 2021 REMANDED Entitlement to service connection for radiculopathy of the right lower extremity is remanded. Entitlement to service connection for radiculopathy of the left lower extremity is remanded. Entitlement to service connection for a gastrointestinal disability, claimed as gastritis is remanded. INTRODUCTION The Veteran served on active duty from October 1979 to May 1995. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an October 2017 rating decision of a Regional Office (RO) of the Department of Veterans Affairs (VA). In a May 2020 decision, the Board denied the Veteran service connection for radiculopathy of the right and left lower extremities, and for gastritis. The Veteran appealed these issues to the U.S. Court of Appeals for Veterans Claims (Court). In a June 2021 order, the Court granted a Joint Motion for Partial Remand (Joint Motion) which vacated the Board's denial of these service connection claims, and remanded them back to the Board for further consideration. REASONS FOR REMAND 1. Entitlement to service connection for radiculopathy of the right lower extremity is remanded. 2. Entitlement to service connection for radiculopathy of the left lower extremity is remanded. The Veteran seeks service connection for radiculopathy of the bilateral lower extremities. He asserts in part such disabilities are due to or aggravated by a service-connected cervical strain and/or herniated nucleus pulposus at L5-S1. Previously, in denying this claim, the RO found no evidence of a current diagnosis of peripheral neuropathy of the lower extremities. Specifically, August and October 2017 VA back and neck examinations were negative for findings of radiculopathy. In contrast, however, other VA and private records suggest a possible current diagnosis of radiculopathy. In July 2015, the Veteran was treated by a physical therapist, and diagnosed with lumbar radiculopathy. Likewise, on VA neurological consultation in August 2018, he was found to have "apparent polyneuropathy". This clinical notation is more recent than the 2017 VA examinations cited in the prior denial of the Veteran's claim. Thus, based on this conflicting evidence, a more recent VA medical examination and opinion is required. Next, the Board notes that, according to the Veteran's statements to VA medical care providers, he also receives neurological treatment from medical providers at Texas Tech. The Veteran should be requested to obtain, or authorize VA to obtain, this pertinent evidence. 3. Entitlement to service connection for a gastrointestinal disability, claimed as gastritis is remanded. The Veteran seeks service connection for a gastrointestinal disability, claimed as gastritis. While an August 2017 VA gastrointestinal examiner found no evidence of a current diagnosis of gastritis, the examiner did note a current diagnosis of gastroesophageal reflux disease. Thus, the Veteran's claim must be more broadly construed to encompass any similar diagnosis established by the record. See Clemons v. Shinseki, 23 Vet. App. 1 (2009). Furthermore, review of the service treatment records indicates several instances of gastrointestinal symptoms in service. The Veteran reported gastrointestinal symptoms in March 1983. He was given medication at that time. Likewise, on multiple occasions in September 1987, he reported a history of stomach pain for the past seven days. He reported upset stomach and diarrhea following eating. The Veteran has also asserted that he has experienced periodic gastrointestinal symptoms since service. As the Veteran reported gastrointestinal symptoms in service, has reported similar ongoing symptoms since service separation, and has a current diagnosis of a gastrointestinal disability, a VA medical examination and opinion is required to determine the etiology of any current disability. The matters are REMANDED for the following action: 1. Contact the Veteran in order to have him identify the names and addresses of all health care providers who have treated him for the issues on appeal. The Veteran should also be notified that he may submit evidence or treatment records to support his claim. The AOJ should attempt to obtain any such records. All efforts to obtain such records should be documented in the claims folder. All available records should be associated with the Veteran's VA claims folder. 2. Schedule the Veteran for a VA examination to determine the presence and likely etiology of any current neuropathy of the lower extremities. The Veteran's claims folder must be made available to the examiner. All diagnostic testing deemed to be necessary by the examiner should be accomplished. The examiner should determine if the Veteran has radiculopathy or any other neurological impairment of either lower extremity. If the examiner finds the Veteran does not have any such disability, the examiner is requested to provide a complete rationale for this determination which discusses any contrary evidence of record. Next, for any identified neurological disability of the lower extremities, the examiner should indicate whether it is at least as likely as not, (50 percent probability or greater), that this disability was (A) caused or (B) aggravated beyond its normal progression by the Veteran's service-connected cervical strain and/or herniated nucleus pulposus at L5-S1. Aggravation means an increase in disability any additional impairment of earning capacity of the nonservice-connected disability. If aggravation is found, the examiner must attempt to establish a baseline level of severity of the diagnosed disability prior to aggravation by the service-connected disability. A clear rationale for all opinions would be helpful and a discussion of the facts and medical principles involved would be of considerable assistance to the Board. 3. Schedule the Veteran for a VA examination to determine the nature and likely etiology of the Veteran's gastroesophageal reflux disease, or any other current gastrointestinal disability. The Veteran's claims file must be made available to the examiner. The examiner should indicate whether it is at least as likely as not (50 percent probability or greater) that the Veteran's diagnosed gastrointestinal disability or disabilities had causal origins in service or is otherwise related to the Veteran's active duty service. A clear rationale for all opinions would be helpful and a discussion of the facts and medical principles involved would be of considerable assistance to the Board. 4. After undertaking any additional development deemed appropriate and giving the Veteran full opportunity to supplement the record, adjudicate the Veteran's pending claims in light of any additional evidence added to the record. If any benefit sought on appeal remains denied, the Veteran and his representative should be furnished with a Supplemental Statement of the Case and be afforded the applicable opportunity to respond before the record is returned to the Board for further review. M. Donohue Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Thomas D. Jones, 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.