Citation Nr: 21014280 Decision Date: 03/11/21 Archive Date: 03/11/21 DOCKET NO. 12-26 746 DATE: March 11, 2021 REMANDED Entitlement to an initial disability rating greater than 10 percent from September 30, 2008 to June 14, 2016; greater than 0 percent from June 15, 2016 to April 7, 2019; greater than 10 percent from April 8, 2019 to September 12, 2020; and greater than 20 percent from September 13, 2020 for the service-connected right lower sciatic nerve radiculopathy is remanded. Entitlement to an initial disability rating greater than 10 percent from September 30, 2008 to June 14, 2016; greater than 0 percent from June 15, 2016 to April 7, 2019; greater than 10 percent from April 8, 2019 to September 12, 2020; and greater than 20 percent from September 13, 2020 for the service-connected left lower sciatic nerve radiculopathy is remanded. Entitlement to an initial disability rating in excess of 10 percent for the service-connected right femoral nerve radiculopathy is remanded. Entitlement to an initial compensable rating from September 30, 2008 to June 14, 2016; an initial rating greater than 10 percent from June 15, 2016 to September12, 2020; an initial rating greater than 20 percent from September 13, 2020 for the service-connected residuals of a right ankle fracture is remanded is remanded. REASONS FOR REMAND The Veteran had periods of active service from November 1974 to December 1978 and from December 1983 to May 1998. The Veteran testified at a hearing before the undersigned Veterans Law Judge in October 2015. This appeal returns to the Board of Veterans’ Appeals (Board) following remands in February 2016, December 2017, and November 2019. Unfortunately, for the reasons set forth below, this appeal is once again being remanded for further evidentiary development. The Board sincerely regrets the delay caused by this remand but finds that the development requested herein is necessary prior to a final adjudication of this appeal. Specifically, an addendum opinion is required to adjudicate the increased rating claims on appeal. The VA examinations of the Veteran’s right lower extremity radiculopathy and right ankle condition document similar symptoms, including diminished strength, diminished reflexes, and pain. Consequently, the Board requires medical guidance, to the extent that it is possible, as to which symptoms in the Veteran’s right lower extremity are attributable to the residuals of his right ankle fracture and his right lower extremity radiculopathy conditions. The clinician should make reference to the radiculopathy conditions present in the Veteran’s opposite leg and discuss the extent to which any differences or similarities between the two lower extremities are relevant in determining which symptoms in the right lower extremity are attributable to the residuals of the right ankle fracture and which are attributable to the right lower extremity radiculopathy conditions. Accordingly, these matters are REMANDED for the following actions: 1. Obtain an addendum opinion from an appropriate clinician regarding the Veteran’s service-connected residuals of a right ankle fracture and bilateral lower extremity radiculopathy conditions (bilateral sciatic nerve radiculopathy and right femoral nerve radiculopathy). The clinician should differentiate, to the extent possible, the symptoms identified in the recent VA examinations in the right lower extremity that are attributable to the Veteran’s residuals of a right ankle fracture and the symptoms attributable to his right lower extremity radiculopathy conditions. The clinician should make reference to the radiculopathy symptoms of the left lower extremity and explain whether any similarities or differences in the radiculopathy symptoms between the two lower extremities indicate which symptoms in the right lower extremity are attributable to each of the service-connected conditions in the right lower extremity. 2. After the above development, and any additionally indicated development, has been completed, readjudicate the issues on appeal with the benefit of this additional evidence. If the benefits sought is not granted to the Veteran’s satisfaction, send the Veteran and his representative a Supplemental Statement of the Case and provide an opportunity to respond. If necessary, return the case to the Board for further appellate review. THERESA M. CATINO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Steven Johnston, 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.