Citation Nr: 21014594 Decision Date: 03/15/21 Archive Date: 03/15/21 DOCKET NO. 15-09 887 DATE: March 15, 2021 REMANDED Entitlement to an initial rating in excess of 10 percent for radiculopathy of the right lower extremity associated with a lumbosacral strain is remanded. Entitlement to an initial rating in excess of 10 percent for radiculopathy of the left lower extremity associated with a lumbosacral strain is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1983 to November 1995. This matter comes before the Board of Veterans’ Appeals (Board) on appeal of a November 2013 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In January 2019, the Veteran testified at a hearing conducted by the undersigned Veterans Law Judge. A transcript of the hearing has been added to the Veteran’s claims file. The following June, the Board remanded the Veteran’s claim for additional development. The case is once again before the Board. This appeal has been advanced on the Board’s docket pursuant to 38 U.S.C. § 7107(b) and 38 C.F.R. § 20.902(c). 1. Entitlement to an initial rating in excess of 10 percent for radiculopathy of the right lower extremity associated with a lumbosacral strain is remanded. 2. Entitlement to an initial rating in excess of 10 percent for radiculopathy of the left lower extremity associated with a lumbosacral strain is remanded. At the January 2019 hearing, the Veteran testified that his service-connected radiculopathy causes involuntary muscle spasms in his hands. He described the spasms as locking and tightening his hands. Following the hearing, the Veteran’s spouse wrote to VA saying much the same. (The Veteran has reported that his spouse is a certified medical assistant.) Although the last examiner found the Veteran did not suffer from constant pain, intermittent pain, paresthesias, dysesthesias, or numbness in the right or left upper extremity, the examiner did not discuss the Veteran’s complaint hand spasms. At this stage, the Board finds medical clarification needed on whether the Veteran’s radiculopathy results in involuntary muscle spasms, locking, tightening or stiffness in his hands. Finally, as the case is being remanded for additional development, any outstanding VA treatment records should be associated with the claims file. See Bell v. Derwinski, 2 Vet. App. 611, 613 (1992) (per curiam). The matters are REMANDED for the following action: 1. Obtain all outstanding VA treatment records and associate them with the claims file. 2. Then, arrange for an appropriate healthcare provider to review the Veteran’s claims file and provide an opinion on whether it is at least as likely as not (50 percent probability or greater) that the Veteran’s service-connected radiculopathy of the right and left lower extremities is manifested by muscle spasms, stiffness, locking, or tightening in his hands. If the reviewing healthcare provider finds that physical examination or telehealth interview of the Veteran and/or diagnostic testing is necessary, such should be accomplished. A clear rationale for all opinions would be helpful and a discussion of the facts and medical principles involved would be of considerable assistance to the Board. 3. After undertaking any additional development deemed appropriate and giving the Veteran full opportunity to supplement the record, adjudicate the Veteran’s pending claim in light of any additional evidence added to the record. If any benefit sought on appeal remains denied, the Veteran and his representative should be furnished with a Supplemental Statement of the Case and be afforded the applicable opportunity to respond before the record is returned to the Board for further review. M. Donohue Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Canedy, 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.