Citation Nr: 21075389
Decision Date: 12/20/21	Archive Date: 12/20/21

DOCKET NO. 19-31 836
DATE: December 20, 2021

REMANDED

The claim for service connection for right lower extremity radiculopathy is remanded.

The claim for rating in excess of 10 percent for degenerative arthritis of the spine (lower back condition) is remanded.

REASONS FOR REMAND

The Veteran had active service from July 1994 to July 1997.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal in part from a rating decision issued in August 2018 which in part granted service connection for degenerative arthritis of the spine (lower back condition) with an evaluation of 10 percent effective July 18, 2017 and denied service connection for right lower extremity radiculopathy claimed as bilateral secondary to the service-connected lower back condition.  The Veteran timely appealed.

The Veteran seeks an increased rating for his lower back condition and service connection for right lower extremity radiculopathy.  However, at the most recent VA examination of record, in July 2018, the Veteran was not diagnosed with radiculopathy at that time.  The Veteran has indicated that his back disability has worsened since that time and has requested an examination.

Recent VA treatment records indicate that the Veteran does have symptoms similar to those associated with radiculopathy of his lower extremities.  For example, an August 2021 VA treatment note indicates the Veteran reports shooting pains into his legs and notices that his mid-back pain will occasionally radiate across the right back to the mid axillary region.  There are also notations of radiculitis in the treatment records and the Veteran credibly testified at a hearing before the Board that he experienced pain radiating out of his back and into his lower extremities. 

As such, a remand is required to determine whether the Veteran has a current diagnosis of radiculopathy and to opine on the etiology. 

The matters are REMANDED for the following action:

Schedule the Veteran for a VA examination of his back condition and radiculopathy.  The examiner is asked to:

a)	Opine as to whether it is at least as likely as not (50 percent or greater probability) that the Veteran has any neurologic impairment, such as radiculopathy, as a result of his lower back disability?  Why or why not?

b)	Determine the severity of the Veteran's lower back disability. 

 

 

MATTHEW W. BLACKWELDER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Jennifer M. Narvaez, 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.