Citation Nr: 21010615 Decision Date: 02/25/21 Archive Date: 02/25/21 DOCKET NO. 17-36 105A DATE: February 25, 2021 REMANDED A rating higher than 20 percent for laminectomy discogenic disease of the lumbar spine, to include entitlement to separate ratings for radiculopathy of the lower extremities, is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1973 to September 1977 and from August 1981 to November 1985. This matter is before the Board of Veterans’ Appeals (Board) on appeal from an August 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In February 2021, the Veteran testified at a hearing before the undersigned Veterans Law Judge. A transcript of the hearing will be associated with the claims file at a later date. The Veteran was last afforded a VA examination to assess the severity of his service-connected back disability in August 2017. Evidence suggests that the condition may have worsened since then. Specifically, at the February 2021 hearing, the Veteran complained of radiculopathy in the lower extremities. Therefore, remand is necessary to obtain a new VA examination. The Board also finds that the issue of entitlement to a TDIU has been raised by the record. Rice v. Shinseki, 22 Vet. App. 447 (2009). At the hearing, the Veteran testified that he cannot work due to the back disability. The matters are REMANDED for the following action: 1. Associate any pertinent VA or private medical records that are not already of record with the claims file. 2. Schedule an examination to determine the current severity of the Veteran’s service-connected lumbar spine disability. The claims file should be provided to the examiner for review. All tests deemed necessary should be conducted and the results reported in detail. Full range of motion testing must be performed where possible. The spine should be tested in both active and passive motion and in weightbearing and non-weightbearing. If the examiner is unable to conduct the required testing or concludes that the required testing is not necessary in this case, he or she should clearly explain why that is so. In addition to completing the above testing, the examiner should additionally address any neurological complications associated with the spine disability, to include any radiculopathy to the lower extremities. The examiner should also address any bowel or bladder dysfunction that may be related to the Veteran's spine disability. All findings should be reported in detail and all opinions must be accompanied by a clear rationale. The examiner should also describe the effects of the service-connected low back disability on the Veteran’s ability to work. JOHN Z. JONES Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board H. Ahmad, 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.