Citation Nr: 21071360 Decision Date: 11/30/21 Archive Date: 11/30/21 DOCKET NO. 17-20 001 DATE: November 30, 2021 REMANDED Entitlement to service connection for a right foot condition, other than right lower extremity (RLE) lumbar radiculopathy is remanded. Entitlement to service connection for a right leg condition, other than RLE lumbar radiculopathy is remanded. REASONS FOR REMAND The Veteran served on active duty from December 1980 to August 1992 and from October 1992 to May 2003. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2015 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The Board previously remanded the case in August 2021 for further development. The matters are now back before the Board. 1. Entitlement to service connection for a right foot condition, other than RLE lumbar radiculopathy is remanded. 2. Entitlement to service connection for a right leg condition, other than RLE lumbar radiculopathy is remanded. Although the Board regrets the additional delay, a remand is necessary to ensure that due process is followed and that there is a complete record upon which to decide the Veteran's claims so that he is afforded every possible consideration. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159. By way of history, in an October 2014 statement, the Veteran asserted he suffered from a back disability that was related to service and right leg and right foot disabilities that were secondary to his back disability. He was afforded a VA examination for thoracolumbar spine conditions in October 2021. Following examination, the VA examiner diagnosed the Veteran with intervertebral disc syndrome (IVDS) and degenerative disc disease (DDD) with lumbar radiculopathy of the bilateral lower extremities. Finding that the evidence in treatment records had established a nexus, the examiner opined that these disabilities were at least as likely as not related to service. By way of an October 2021 rating decision, the RO granted service connection for thoracolumbar spine DDD and lumbar facet syndrome; lumbar radiculopathy, sciatic nerve, LLE; and lumbar radiculopathy, sciatic nerve, RLE. The Board notes that while the Veteran was assessed with bilateral lower extremity radiculopathy related to his back disability, he has never been afforded VA examinations for his right foot and right leg. Therefore, it is unclear to the Board whether the Veteran suffers from additional disabilities of the right foot and leg, other than RLE lumbar radiculopathy, that could be related to his service-connected back disability. As the Board is unable to adjudicate the claims on the basis of the available medical evidence, remand for VA examinations is required. The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination for his right foot condition. The examiner must review the claims file. The examiner is asked to provide a response to the following: (a) Please list all diagnoses, other than RLE lumbar radiculopathy, related to the Veteran's right foot. If all symptoms related to the right foot are attributable to the Veteran's RLE lumbar radiculopathy, the examiner is asked to provide a rationale for this finding. If the Veteran is diagnosed with a right foot condition other than RLE lumbar radiculopathy, a response should be provided for the following: b) Is the Veteran's right foot condition as least as likely as not (50 percent probability or greater) caused by his service-connected back disability? Please provide an opinion for each diagnosis and explain why or why not. (c) Is the Veteran's right foot condition as least as likely as not (50 percent probability or greater) aggravated by his service-connected back disability? Please provide an opinion for each diagnosis and explain why or why not. The examination report must include a complete rationale for all opinions expressed. If the examiner feels that a requested opinion cannot be rendered without resorting to speculation, the examiner must state whether the need to speculate is caused by a deficiency in the state of general medical knowledge (i.e., no one could respond given medical science and the known facts) or by a deficiency in the record or the examiner (i.e., additional facts are required, or the examiner does not have the needed knowledge or training). 2. Schedule the Veteran for a VA examination for his right leg condition. The examiner must review the claims file. The examiner is asked to provide a response to the following: (a) Please list all diagnoses, other than RLE lumbar radiculopathy, related to the Veteran's right leg. If all symptoms related to the right leg are attributable to the Veteran's RLE lumbar radiculopathy, the examiner is asked to provide a rationale for this finding. If the Veteran is diagnosed with a right leg condition other than RLE lumbar radiculopathy, a response should be provided for the following: b) Is the Veteran's right leg condition as least as likely as not (50 percent probability or greater) caused by his service-connected back disability? Please provide an opinion for each diagnosis and explain why or why not. (c) Is the Veteran's right leg condition as least as likely as not (50 percent probability or greater) aggravated by his service-connected back disability? Please provide an opinion for each diagnosis and explain why or why not. The examination report must include a complete rationale for all opinions expressed. If the examiner feels that a requested opinion cannot be rendered without resorting to speculation, the examiner must state whether the need to speculate is caused by a deficiency in the state of general medical knowledge (i.e., no one could respond given medical science and the known facts) or by a deficiency in the record or the examiner (i.e., additional facts are required, or the examiner does not have the needed knowledge or training). (Continued on the next page) 3. After completing the above, and any other development as may be indicated by any response received as a consequence of the actions taken in the preceding paragraphs, the Veteran's claims should be readjudicated based on the entirety of the evidence. If any benefit sought remains denied, furnish the Veteran a supplemental statement of the case (SSOC) and return the case to the Board. KRISTI L. GUNN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board L. Silverblatt, 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.