Citation Nr: 21005803 Decision Date: 02/02/21 Archive Date: 02/02/21 DOCKET NO. 14-16 874 DATE: February 2, 2021 REMANDED Entitlement to an increased evaluation in excess of 10 percent prior to December 23, 2016, in excess of 20 percent from December 23, 2016, to December 2, 2020, and in excess of 40 percent thereafter for degenerative disc disease at L4-L5 is remanded. Entitlement to an initial compensable evaluation for radiculopathy, sciatic nerve, left lower extremity, prior to December 23, 2016, and in excess of 40 percent thereafter, is remanded. Entitlement to an initial compensable evaluation for radiculopathy, sciatic nerve, right lower extremity, prior to December 23, 2016, and in excess of 40 percent thereafter, is remanded. Entitlement to an initial compensable evaluation for radiculopathy, femoral nerve, left lower extremity, prior to December 23, 2016, and in excess of 30 percent thereafter, is remanded. Entitlement to an initial compensable evaluation for radiculopathy, femoral nerve, right lower extremity, prior to December 23, 2016, and in excess of 30 percent thereafter, is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disability for the period prior to December 23, 2016, is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1967 to September 1973, and again from March 1974 to June 1988. The Veteran testified before the undersigned Veterans Law Judge during a June 2017 hearing. A transcript of that hearing is in the record. This matter was previously before the Board in June 2020, at which time the Veteran’s claims were remanded for additional development. The Board remanded the above issues in June 2020 to obtain new VA examination findings consistent with Correia v. McDonald, 28 Vet. App. 158 (2016). In December 2020, the Veteran underwent a VA back conditions examination. The examiner concluded that there was objective evidence of pain on non-weight bearing, and passive range-of-motion findings could not be performed or were not medically appropriate. The December 2020 VA examination is inadequate because the examiner did not explain why range-of-motion findings consistent with Correia could not be obtained in passive and non-weight bearing positions. Jones v. Shinseki, 23 Vet. App. 382 (2010). Remand is needed for a new VA examination with more thorough findings. The Veteran’s claim for TDIU is intertwined with the issues currently on appeal. Harris v. Derwinski, 1 Vet. App. 180 (1991). Therefore, further consideration of the claim for TDIU must be deferred. The matters are REMANDED for the following action: 1. Schedule the Veteran for an examination of the current severity of his service-connected degenerative disc disease at L4-L5 and associated bilateral lower extremity radiculopathy. The examiner must test the Veteran’s active motion, passive motion, and pain with weight-bearing and without weight-bearing. If range-of-motion findings in any of these positions cannot be obtained and documented in an examination report, the examiner must explain why this is so. The examiner must also attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups. To the extent possible, the examiner should identify any symptoms and functional impairments due to the low back disability alone and discuss the effect of the Veteran’s low back disability on any occupational functioning and activities of daily living. If it is not possible to provide a specific measurement, or an opinion regarding flare-ups, symptoms, or functional impairment without speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner does not have the knowledge or training. The examiner should specifically identify all neurological manifestations related to the low back; noting any nerve involved and the extent of that involvement. 2. After the above development, and any additionally indicated development, has been completed, readjudicate the issues on appeal, including all rating periods for the back and related radiculopathies and the TDIU claim. M. E. Larkin Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Jack S. Komperda, 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.