Citation Nr: 21008354 Decision Date: 02/16/21 Archive Date: 02/16/21 DOCKET NO. 16-51 491 DATE: February 16, 2021 REMANDED Entitlement to an increased rating greater than 40 percent for displacement of the lumbar disc with left nerve root impingement and intervertebral disc syndrome (IVDS) is remanded. Entitlement to an increased rating greater than 10 percent for right lower extremity peripheral neuropathy, femoral nerve path, is remanded. Entitlement to an increased rating greater than 10 percent for left lower extremity peripheral neuropathy, femoral nerve path, is remanded. Entitlement to an increased rating greater than 10 percent for right lower extremity peripheral radiculopathy of the sciatic nerve is remanded. Entitlement to an initial rating greater than 10 percent for left lower extremity peripheral radiculopathy of the sciatic nerve is remanded. REASONS FOR REMAND The Veteran served on active duty from May 1985 to May 2005. The Veteran appealed a June 2016 rating decision by the Agency of Original Jurisdiction (AOJ). The Board of Veterans’ Appeals (Board) finds that further evidentiary development is necessary and remands the case to ensure compliance with the Board’s prior remand instructions. See Stegall v. West, 11 Vet. App. 268, 271 (1998). A Board hearing was held in January 2020. A transcript is of record. As an initial matter, the Board notes a supplemental statement of the case (SSOC) has not been issued regarding the increased rating claim for the Veteran’s back condition. As a result, remand is warranted for the AOJ to issue an SSOC as additional VA treatment records were added to the record. Nevertheless, as noted below, remand is necessary for additional development. Therefore, an SSOC may be issued after the additional development is completed. The February 2020 Board decision remanded the issues to obtain outstanding SSA records and to undertake any additional development deemed necessary. SSA records were obtained. However, the Board finds additional VA examinations are warranted. The Veteran expressed worsening of his back and nerve conditions since his last VA examinations. See January 2021 informal hearing presentation (IHP). The Veteran’s last back examination was conducted in January 2017 and his last nerve examination was conducted in December 2015. Where a Veteran contends that a disability has worsened since his last VA examination, and the last examination is too remote to constitute a contemporaneous examination, a new examination is required. See Snuffer v. Gober, 10 Vet. App. 400, 403-04 (1997). On remand, the AOJ should afford the Veteran new VA examinations to determine the current severity of his back and nerve conditions. Importantly, as noted in the February 2020 Board decision, neurological abnormalities are rated separately under their appropriate diagnostic code. Importantly, the December 2015 VA examination report regarding the back noted possible intermittent episodes of voiding. As such, the Veteran may be entitled to a separate rating for voiding dysfunction. Therefore, the VA examiner should determine whether the Veteran has voiding dysfunction to his back condition and elicit enough details to determine if any voiding dysfunction amounts to compensable levels under the appropriate diagnostic code. The matters are REMANDED for the following action: 1. Obtain any outstanding VA and/or private treatment records relevant to treatment the Veteran received for his back and nerve conditions that are not already of record. All obtained records should be associated with the evidentiary record. If any identified records are not obtainable (or none exist), the Veteran and his representative should be notified, and the record clearly documented. 2. Thereafter, schedule the Veteran for an examination of the current severity of his back and lower extremity nerve conditions. The examiner must test the Veteran’s active motion, passive motion, and pain with weight-bearing and without weight-bearing (if applicable). 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. The examiner should identify any symptoms and functional impairments due to the Veteran’s condition and discuss the effect of the Veteran’s condition 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 must comment on whether the Veteran has any voiding dysfunction as a result of his service-connected back and/or lower extremity nerve conditions. If the examiner determines the Veteran has voiding dysfunction as a result of his service-connected back or lower extremity nerve conditions, he should describe the severity of the same. 3. After the above development has been completed to the extent possible, readjudicate the claims. If any benefit sought remains denied, provide the Veteran and his representative with a SSOC, and return the case to the Board, if otherwise in order. DONNIE R. HACHEY Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Zheng, 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.