Citation Nr: 21075243 Decision Date: 12/17/21 Archive Date: 12/17/21 DOCKET NO. 19-14 198 DATE: December 17, 2021 REMANDED Entitlement to service connection for right lower extremity radiculopathy is remanded. Entitlement to service connection for left lower extremity radiculopathy is remanded. REASONS FOR REMAND The Veteran served on active duty for training (ACDUTRA) in the United States Marine Corps, from March 1967 to August 1967. He had subsequent periods of ACDUTRA and inactive duty for training (INACDUTRA) in 1968. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a December 2018 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO). These matters were previously before the Board in November 2019 and March 2021 when they were remanded for additional development. The November 2019 Board decision, in part, awarded service connection for lumbar spine degenerative disc disease. Having reviewed the record evidence, and although the Board is reluctant to contribute to "the hamster-wheel reputation of veterans law" by remanding this claim again, additional development is required before the underlying claim can be adjudicated on the merits. Cf. Coburn v. Nicholson, 19 Vet. App. 427, 434 (2006) (Lance, J., dissenting). Per the March 2021 remand, the Board directed the RO to obtain a VA examination to consider whether the Veteran's service-connected lumbar spine disability caused or aggravated his diagnosed bilateral lower extremity radiculopathy. In October 2021, a VA examiner offered a negative opinion for secondary service connection for the Veteran's bilateral lower extremity radiculopathy. With regard to the question of causation, the October 20201 examiner acknowledged that a February 2001 surgical report describes the Veteran's "severe low back pain radiating to the buttocks and legs," noting the Veteran's "severe degenerative joint disease with spinal stenosis" and confirming that the "examination is consistent with spinal stenosis and mechanical low backpain." The examiner however rationalized that a review of the claims file shows that the Veteran has a history of back complaints since he was 15-years old, or prior to service. A 1968 x-ray was abnormal, suggestive of a defect of the posterior arch of L-5. The Veteran was told by his orthopedist, Dr. D.H., that he may have spondylolisthesis, which when progresses, causes severe back pain or nerve crowding that produces radiculopathy symptoms, such as pain or numbness. The examiner continued that the claims file also shows the Veteran had multiple nonservice-connected back incidents and injuries over the course of his life, including a 1968 motor vehicle accident; a 10-foot fall while hiking in June 2000, which precipitated his symptoms in 2001; a physical attack and assault; and multiple falls. The examiner concluded that he could not say with any certainty that the Veteran's bilateral lower extremity radiculopathy disability was either caused or aggravated beyond its natural progression by his service-connected lumbar spine disability "without resorting to speculation." With regard to the question of aggravation, the examiner rationalized it would be difficult to separate the extent or effect of the Veteran's nonservice-connected back injuries (i.e., the 1968 motor vehicle accident; 10-foot fall while hiking in June 2000, which precipitated his symptoms in 2001; physical attack and assault; and multiple falls) in comparison to his service-connected lumbar spine disability on his bilateral lower extremity radiculopathy "without resorting to speculation." Opinions that state an opinion cannot be provided without resorting to "mere speculation" are inadequate. See Jones v. Shinseki, 23 Vet. App. 382, 390-91 (2010). Therefore, remand is needed to obtain an adequate examination opinion. The matters are REMANDED for the following action: Schedule the Veteran for an examination (or telehealth interview, review of the record, etc., if an in-person examination is not feasible) to determine the nature and etiology of his diagnosed bilateral lower extremity radiculopathy. All indicated tests and studies should be conducted, and all findings reported in detail. The examiner is asked to address the following: (a) Is it at least as likely as not that the Veteran's right and left lower extremity radiculopathy is caused by his service-connected lumbar spine degenerative disc disease? (b) Is it at least as likely as not that the Veteran's right and left lower extremity radiculopathy was aggravated by his service-connected lumbar spine degenerative disc disease? A complete rationale should be given for all opinions and conclusions expressed. Please note that separate opinions addressing proximate cause and aggravation are needed. If unable to provide a medical opinion, provide a statement as to whether there is any additional evidence that could enable an opinion to be provided, or whether the inability to provide the opinion is based on the limits of medical knowledge. Jarrette A. Marley Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A.N., 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.