Citation Nr: 21076604 Decision Date: 12/27/21 Archive Date: 12/27/21 DOCKET NO. 19-25 659 DATE: December 27, 2021 REMANDED The claim of entitlement to a rating higher than 20 percent for a mechanical low back pain disorder is remanded. The claim of entitlement to a higher initial evaluation for radiculopathy in the right lower extremity, rated as 10 percent disabling until August 27, 2019 and as 20 percent disabling since then, is remanded. The claim of entitlement to an effective date earlier than March 19, 2018 for the grant of entitlement to service connection for right lower extremity radiculopathy is remanded. The claim of entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1980 until May 1986. This matter comes to the Board of Veterans' Appeals (Board) on appeal of a rating decision by a U.S. Department of Veterans Affairs (VA) Regional Office (RO). In April 2021, the Veteran testified in a hearing before the Board. A transcript of the hearing is included in the record and has been reviewed. A remand is warranted for additional medical inquiry into the claims on appeal. During the Board hearing, the Veteran indicated that his disabilities had worsened since the most recent VA examination conducted in October 2019. The record indicates, moreover, that he underwent a lumbar laminectomy since then. See Green v. Derwinski, 1 Vet. App. 121 (1991). The TDIU claim must be remanded as well because it is intertwined with the other claims. See Smith v. Gober, 236 F.3d 1370, 1372 (Fed. Cir. 2001). The matters are REMANDED for the following action: 1. In remanding this case, the Board makes no credibility determination, expressed or implied, at this juncture. 2. Undertake appropriate development to obtain any outstanding records pertinent to the claims. Include in the claims file any outstanding VA treatment records. 3. Schedule an examination to assess the nature and severity of the back and right leg disabilities. After reviewing the electronic claims file, interviewing the Veteran, and examining him, the examiner should provide the following: (a) Range of motion on forward flexion of the thoracolumbar spine. Note any pain elicited during the examination and the effect on motion. If possible, measure active and passive motion. (b) Forward flexion during flare ups. Estimate if necessary. (c) Forward flexion after repeated use over time. Estimate if necessary. (d) Is radiculopathy in the right lower extremity moderately severe, severe, or complete? In rendering the requested report, the examiner should note that the Veteran is competent to attest to matters of which he has first-hand knowledge, including observable symptomatology. If the examiner cannot provide an opinion without resorting to mere speculation, he or she shall provide a complete explanation for why an opinion cannot be rendered. In so doing, the examiner shall explain whether the inability to provide a more definitive opinion is the result of a need for additional information, or that he or she has exhausted the limits of current medical knowledge in providing an answer to that particular question(s). G. A. WASIK Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Christopher McEntee 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.