Citation Nr: 21007678 Decision Date: 02/10/21 Archive Date: 02/10/21 DOCKET NO. 17-05 962 DATE: February 10, 2021 REMANDED Entitlement to a rating in excess of 20 percent for chronic posttraumatic low back syndrome (low back condition) is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1989 to March 1994. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The issue on appeal previously was denied by the Board in January 2019. The Veteran appealed the decision to the United States Court of Appeals for Veterans Claims (Court). In a November 2019 Order, pursuant to a November 2019 Joint Motion for Remand (JMR), the Court vacated the Board’s January 2019 decision and remanded the claim for action consistent with the terms of the parties’ JMR. Entitlement to a rating in excess of 20 percent for chronic posttraumatic low back syndrome. The Veteran seeks an increased rating of for her low back condition. While the Board regrets further delay, it finds that additional development is necessary prior to adjudication. Associated neurologic abnormalities are evaluated as part of the General Rating Formula for Diseases and Injuries of the Spine in the Rating Schedule. Thus, in rating the Veteran’s low back condition, the Board must consider whether separate ratings are warranted for any associated neurologic abnormalities, such as radiculopathy. There is conflicting evidence of record regarding whether the Veteran has radiculopathy associated with her low back condition. VA treatment records show a diagnosis of lumbar radiculopathy since 2016, though it is unclear whether such diagnosis is based solely on the Veteran’s subjective symptoms. A July 2016 VA treatment record notes that the Veteran described symptoms that “sound[ed] like sciatica,” and she was prescribed Gabapentin for nerve pain. An April 2017 VA treatment record noted that the Veteran had a negative straight leg raise test and normal power bilaterally. However, some decreased sensation in the right lateral thigh was noted as well as hypoactive deep tendon reflexes symmetrically. A subsequent July 2020 VA treatment record notes a negative straight leg raise test, normal power bilaterally, and sensation to light touch intact bilaterally. Pursuant to the Board’s March 2020 remand, the Veteran underwent a VA examination for her low back condition in August 2020. At the examination, the examiner found that the Veteran did not have any signs or symptoms of radiculopathy. Muscle strength, reflex, and sensory examinations were normal. In light of the foregoing, the Board finds that it is unclear whether the Veteran experiences radiculopathy associated with her low back condition. Remand is necessary for clarification. The matters are REMANDED for the following action: 1. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any lower extremity radiculopathy. The examiner must review the claims file and a copy of this Remand. The examiner should opine whether the Veteran has radiculopathy of the right and/or left lower extremity associated with her service-connected low back condition. A complete rationale must be provided for all opinions expressed. The rationale must consider and discuss the pertinent evidence of record, to include the Veteran’s lay statements. C. CRAWFORD Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board E. Mortimer, 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.