Citation Nr: 21077333 Decision Date: 12/29/21 Archive Date: 12/29/21 DOCKET NO. 17-23 035 DATE: December 29, 2021 REMANDED Entitlement to a disability rating greater than 10 percent prior to December 3, 2019, and greater than 20 percent thereafter, for old compression fracture with degenerative arthritis of the lumbar spine is remanded. Entitlement to an initial rating greater than 10 percent for left lower extremity radiculopathy is remanded. Entitlement to an initial rating greater than 10 percent for persistent nausea associated with thoracic radiculopathy is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Air Force from June 1977 to June 1999. These matters come before the Board of Veterans' Appeals (Board) on appeal from a May 2016 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). In September 2019, the Board remanded this appeal to the Agency of Original Jurisdiction (AOJ) for additional development. Having reviewed the record evidence, and although the Board is reluctant to contribute to "the hamster-wheel reputation of Veterans law" by remanding this appeal again, additional development is required before the underlying claims can be adjudicated on the merits. Cf. Coburn v. Nicholson, 19 Vet. App. 427, 434 (2006) (Lance, J., dissenting) (finding that repeated remands "perpetuate the hamster-wheel reputation of Veterans law"). Entitlement to a disability rating greater than 10 percent prior to December 3, 2019, and greater than 20 percent thereafter for old compression fracture with degenerative arthritis of the lumbar spine, an initial rating greater than 10 percent for left lower extremity radiculopathy, and to an initial rating greater than 10 percent for persistent nausea associated with thoracic radiculopathy is remanded. With respect to the claims for a disability rating greater than 10 percent prior to December 3, 2019, and greater than 20 percent thereafter for old compression fracture with degenerative arthritis of the lumbar spine and for an initial rating greater than 10 percent for left lower extremity radiculopathy, in the September 2019 remand, the Board instructed the AOJ to obtain a medical opinion addressing why passive range of motion for the Veteran's lumbar spine could not be obtained during his November 2018 VA examination. Thereafter, the Veteran presented for a December 2019 VA examination for his lumbar spine where the examiner also assessed his left lower extremity radiculopathy. In an August 2021 statement, the Veteran asserted that these service-connected disabilities had worsened since his most recent examination. The Court has held that when a Veteran alleges that his service-connected disability has worsened since he was examined previously, a new examination may be required to evaluate the current degree of impairment. See Snuffer v. Gober, 10 Vet. App. 400, 403 (1997); but see Palczewski v. Nicholson, 21 Vet. App. 174, 182 (2007) (finding "mere passage of time" does not render old examination inadequate). Given the Veteran's contentions, the Board finds that, on remand, he should be scheduled for an updated VA examination to address this matter. With regards to the issue of entitlement to an initial rating greater than 10 percent for persistent nausea associated with thoracic radiculopathy, the Board notes that, to date, the Veteran has not been afforded a VA examination for this disability. The Board also notes that the threshold for providing Veterans with an examination is low. See McLendon v. Nicholson, 20 Vet. App. 79, 83 (2006). Thus, the Board finds that, on remand, the Veteran should be provided with an examination which addresses this matter. Entitlement to a TDIU is remanded. The Veteran finally contends that his service-connected disabilities, alone or in combination, preclude his employability. Because adjudication of the claims being remanded likely will impact adjudication of the TDIU claim, the Board finds that all of these issues are inextricably intertwined. See Henderson v. West, 12 Vet. App. 11, 20 (1998), citing Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (holding that two issues are inextricably intertwined when they are so closely tied together that a final Board decision on one issue cannot be rendered until the other issue has been considered). Thus, adjudication of the TDIU claim is deferred. The AOJ also should obtain the Veteran's updated treatment records. The matters are REMANDED for the following action: 1. Conduct any appropriate development to obtain the Veteran's updated treatment records. 2. Schedule the Veteran for updated examination to determine the current nature and severity of his service-connected old compression fracture with degenerative arthritis of the lumbar spine and service-connected left lower extremity radiculopathy. 3. Schedule the Veteran for updated examination to determine the current nature and severity of his service-connected persistent nausea associated with thoracic radiculopathy 4. Readjudicate the appeal. MICHAEL T. OSBORNE Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Mathew 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.