Citation Nr: 21015672 Decision Date: 03/18/21 Archive Date: 03/18/21 DOCKET NO. 12-34 074 DATE: March 18, 2021 REMANDED Entitlement to a rating in excess of 10 percent for right lower extremity radiculopathy from October 15, 2009 to November 26, 2012, in excess of 20 percent from November 26, 2012 to January 10, 2017, and in excess of 40 percent thereafter is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1972 to June 1973. This matter comes before the Board of Veterans’ Appeals (Board) from a February 2010 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in New Orleans, Louisiana. In a June 2018 decision, the Board denied the Veteran’s claim currently on appeal (increased rating for right lower extremity (RLE) radiculopathy). However, the Veteran appealed the decision to the United States Court of Appeals for Veterans Claims (Court). In July 2019, the parties entered into a Joint Motion for Remand (JMR), and the Court vacated the Board’s June 2018 decision and remanded the claim to the Board. In December 2019, the Board denied the Veteran’s claim a second time, and the Veteran appealed the decision to the Court. Again, the parties agreed to a JMR in October 2020, and the decision was vacated by the Court. As the matter has been returned to the Board for further appellate review, the Board finds a remand is necessary before the Board can properly adjudicate the claim. As noted in the Veteran’s attorney’s brief, the last VA treatment records currently of evidence are from December 2016. In addition, the Veteran’s last VA examination for his RLE radiculopathy was in January 2017, which was more than four years ago. Therefore, remand is necessary to obtain the Veteran’s recent VA treatment records and a thorough and contemporaneous medical examination to determine the current severity of the Veteran’s disability. Payne v. Wilkie, 31 Vet. App. 373, 390 (2019). The matter is REMANDED for the following action: 1. Obtain outstanding VA treatment records from December 2016 to present and associate them with the Veteran’s claims folder. 2. Schedule the Veteran for a VA examination with a qualified clinician to determine the severity of his RLE radiculopathy. The Veteran’s entire claims file and a copy of this Remand should be made available to and reviewed by the examiner in conjunction with the opinion. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria. If atrophy is present, the examiner should distinguish between normal atrophy and the Veteran’s degree of atrophy in his RLE radiculopathy (i.e. mild, moderate, moderately severe, or severe, with marked muscular atrophy). The examiner’s attention is drawn to a June 2013 VA treatment record that noted the Veteran has diabetic peripheral neuropathy involving both lower extremities. The examiner is asked to comment on the relationship, if any, between RLE radiculopathy and RLE neuropathy. The examiner should provide a complete rationale for any opinions expressed. If the examiner is unable to provide an opinion without resorting to mere speculation, he or she should explain why this is so 3. The AOJ must review the examination reports and all opinions to ensure they are complete, adequate, and comply with the Board’s specific remand directives 4. Then, readjudicate the claim. K. R. LAFFITTE Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. E. Grossman, 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.