Citation Nr: 21007654 Decision Date: 02/10/21 Archive Date: 02/10/21 DOCKET NO. 15-08 649 DATE: February 10, 2021 REMANDED Entitlement to an initial rating in excess of 10 percent prior to April 17, 2017, for radiculopathy of the right lower extremity is remanded. Entitlement to a rating in excess of 20 percent beginning April 17, 2017, for radiculopathy of the right lower extremity is remanded. REASONS FOR REMAND The Veteran had active naval service from November 1983 to January 2005. This case initially came before the Board of Veterans’ Appeals (Board) on appeal from a February 2013 rating decision issued by a Regional Office (RO) of the Department of Veterans Affairs (VA). In April 2018, the Veteran testified before the undersigned Veterans Law Judge. A transcript of the hearing is of record. In June 2018, the Board remanded the issues for additional development. In an October 2019 decision, the Board denied entitlement to an initial rating in excess of 10 percent prior to April 17, 2017, and granted entitlement to a 20 percent rating, but no higher, beginning April 17, 2017, for radiculopathy of the right lower extremity. The Veteran appealed to the United States Court of Appeals for Veterans Claims (Court). In August 2020, pursuant to a Joint Motion for Partial Remand (Joint Motion), the Court vacated the Board’s decision as to the denial of higher ratings for radiculopathy of the right lower extremity, and the matter was returned to the Board. In the Joint Motion, the parties agreed that the Board failed to define “mild,” “moderate,” or “severe” incomplete paralysis as referenced in the rating criteria pursuant to 38 C.FR. § 4.124a, Diagnostic Code 8620, in the context of the facts presented. The parties also found that the Board failed to adequately explain its conclusion that the Veteran’s symptoms were wholly sensory and did not interfere with activities of daily living. A VA examination to assess the Veteran’s service-connected right lower extremity radiculopathy was conducted in June 2019. Since then, VA treatment records indicated that he was referred for ambulation training due to recurrent falls and increased pain and weakness in his lower extremities. Because those records suggest the Veteran’s service-connected disability may have worsened since he was last examined, the Board finds that a remand is necessary for an additional VA examination, to include a full description of the functional impact of the disability on his activities of daily living. In addition, the Board finds that current treatment records should be obtained and associated with the claims file. The matters are REMANDED for the following action: 1. Identify and obtain any pertinent, outstanding VA and private treatment records and associate them with the claims file. 2. Then, schedule the Veteran for an appropriate VA examination to determine the current level of severity of all impairment resulting from his service-connected radiculopathy of the right lower extremity. The claims file must be made available to and reviewed by the examiner. All indicated tests should be performed and all findings should be reported in detail. The examiner should provide all information required for rating purposes, to specifically include a full description of the functional impact of the service-connected disability on the Veteran’s activities of daily living. 3. Confirm that the VA examination report and all opinions provided comport with this remand and undertake any other development found to be warranted. 4. Then, readjudicate the issues on appeal. If a decision is adverse to the Veteran, issue a supplemental statement of the case and allow appropriate time for response. Then, return the case to the Board. Kristin Haddock Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Mishalanie, 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.