Citation Nr: 21011232
Decision Date: 03/01/21	Archive Date: 03/01/21

DOCKET NO. 11-12 707
DATE: March 1, 2021

REMANDED

Service connection for right lower extremity radiculopathy.

Service connection for left lower extremity radiculopathy.

 

REASONS FOR REMAND

The Veteran served on active duty from June 2001 to May 2002.

The case is on appeal from an April 2014 rating decision.

As a preliminary matter, the Board notes the Veteran’s claim was originally for “radiculopathy.”  However, the lay and medical evidence of record more specifically suggests that her claims are for bilateral lower extremity radiculopathy, as due to her service-connected back disability.  Thus, the Board has recharacterized the issues on appeal to reflect this.

In December 2019, the Board denied the claims.  The Veteran appealed the decision to the United States Court of Appeals for Veterans Claims (Court).  The Court granted a September 2020 Joint Motion for Remand (JMR) in a September 2020 Order, vacated the decision and remanded the case back to the Board.

1. Service connection for right lower extremity radiculopathy.

2. Service connection for left lower extremity radiculopathy.

In the December 2019 decision, the Board relied on the August 2018 and July 2019 VA opinions in determining the Veteran’s lower extremity radiculopathy was not causally related to her service-connected back disability.  In the September 2020 JMR, the parties determined the Board erred in relying on the July 2019 VA opinion in its decision, as the examiner did not adequately address a June 2009 medical record and electromyography report which support that the Veteran has bilateral lumbar radiculopathy.  The Board notes the June 2009 electrodiagnostic studies show the Veteran reported bilateral lower extremity pain and burning and the examiner indicated there was electrophysiologic evidence of bilateral lumbosacral radiculopathy.  Additionally, the JMR indicated the Board’s foundation for the adverse credibility finding with regard to the Veteran’s statements was improper.

Pursuant to the September 2020 JMR, the Board will remand the claims for further development.  The Veteran must be afforded a VA examination to determine whether she is diagnosed with bilateral lower extremity radiculopathy, and if so, whether the disorders were caused by or aggravated by her service-connected back disability.

In light of the remand, updated VA treatment records should be obtained.

The matters are REMANDED for the following action:

1. Obtain updated VA treatment records since August 2018.

2. Thereafter, schedule the Veteran for a VA examination by an appropriate medical professional to determine the nature and etiology of any diagnosed bilateral lower extremity radiculopathy.

The examiner should identify if the Veteran is diagnosed with bilateral lower extremity radiculopathy.

Then, the examiner should opine as to whether it is at least as likely as not (50 percent or greater probability) that the disorders were caused or aggravated by her service-connected back disability.

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Aggravation is an increase in severity beyond the natural progress of the disease.

The examiner should address the lay and medical evidence of record, including the June 2009 electrodiagnostic studies in which the Veteran reported bilateral lower extremity pain and paresthesias (burning), and the physician found electrophysiologic evidence of bilateral lumbosacral radiculopathy.

 

 

RYAN T. KESSEL

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	B. Isaacs, 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.