Citation Nr: 21014871 Decision Date: 03/16/21 Archive Date: 03/16/21 DOCKET NO. 18-26 824 DATE: March 16, 2021 REMANDED Entitlement to a rating in excess of 10 percent for a lumbar spine disability is remanded. Entitlement to a rating in excess of 10 percent for radiculopathy of the right lower extremity is remanded. Entitlement to an initial rating in excess of 10 percent for radiculopathy of the left lower extremity is remanded. REASONS FOR REMAND The Veteran served on active duty from December 1988 to December 1990 and from December 2007 to December 2008. This matter comes before the Board of Veterans’ Appeals on appeal from an August 2016 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the undersigned during a hearing in March 2021. 1. Entitlement to a rating in excess of 10 percent for a lumbar spine disability is remanded. 2. Entitlement to a rating in excess of 10 percent for radiculopathy of the right lower extremity is remanded. 3. Entitlement to an initial rating in excess of 10 percent for radiculopathy of the left lower extremity is remanded. For issues 1-3 above, the Veteran testified that his lumbar spine disability and associated radiculopathy of the bilateral lower extremities are worse than what the current ratings reflect. The Board notes that the Veteran was last examined by VA in July 2016, and the statements and evidence submitted since then suggest more severe symptoms. Furthermore, it appears that there are outstanding VA treatment records that should be obtained and associated with the claims file. Accordingly, the Board finds that a remand is necessary to obtain outstanding VA treatment records and a new examination to ascertain the current severity of the Veteran’s lumbar spine disability and associated radiculopathy of the bilateral lower extremities. The matters are REMANDED for the following action: 1. Obtain any outstanding VA treatment records and associate them with the claims file. 2. Schedule the Veteran for an examination with an appropriate VA clinician to determine the current severity of the Veteran’s service-connected lumbar spine disability and associated radiculopathy of the bilateral lower extremities. The claims file should be made available to and reviewed by the examiner and all necessary tests should be performed. All findings should be reported in detail. The joints involved should be tested in both active and passive motion, in weight-bearing and non-weight-bearing and, if possible, with range of motion measurements of the opposite undamaged joint. If the examiner is unable to conduct the required testing, he or she should clearly explain why that is so. The examiner should describe any pain, weakened movement, excess fatigability, instability of station and incoordination present. The examiner should also state whether the examination is taking place during a period of flare-up. If not, the examiner should ask the Veteran to describe the flare-ups he experiences, including: frequency, duration, characteristics, precipitating and alleviating factors, severity and/or extent of functional impairment he experiences during a flare-up of symptoms and/or after repeated use over time. Based on the Veteran’s lay statements and the other evidence of record, the examiner should provide an opinion estimating any additional degrees of limited motion caused by functional loss during a flare-up or after repeated use over time. If the examiner cannot estimate the degrees of additional range of motion loss during flare-ups or after repetitive use without resorting to speculation, the examiner should state whether the need to speculate is caused by a deficiency in the state of general medical knowledge (i.e. no one could respond given medical science and the known facts) or by a deficiency in the record or the examiner (i.e. additional facts are required, or the examiner does not have the needed knowledge or training). All opinions must be supported by a thorough rationale. A. C. MACKENZIE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Ariasaif, 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.