Citation Nr: 21026579 Decision Date: 05/03/21 Archive Date: 05/03/21 DOCKET NO. 10-34 188 DATE: May 3, 2021 REMANDED Entitlement to service connection for left leg pain is remanded. Entitlement to service connection for right leg pain is remanded. Entitlement to service connection for left lower extremity sciatica is remanded. REASONS FOR REMAND The Veteran served on active duty from Auguste 1961 to July 1981. These matters come before the Board of Veterans' Appeals (Board) on appeal from a July 2009 rating decision of the Department of Veterans Affairs (VA) agency of original jurisdiction (AOJ). In a November 2018 decision, the Board denied the issues of entitlement to service connection for left leg pain, right leg pain, and sciatica. The Veteran subsequently appealed to the United States Court of Appeals for Veterans Claims (Court). Pursuant to an August 2019 Joint Motion for Partial Remand (JMPR), the Court remanded the issues in September 2019. An April 2019 rating decision granted service connection for right lower extremity sciatica. Accordingly, the only sciatica claim that remains is the issue of entitlement to service connection for left lower extremity sciatica. The issues of entitlement to service connection for left leg pain, right leg pain, and left lower extremity sciatica are remanded. Remand is necessary to obtain a new VA examination. In March 2021 a private doctor reviewed the lay and medical records and determined that the Veteran "more likely than not" had lumbar radiculopathy affecting both lower extremities. In support of this, the private medical letter opined that the VA examinations relied too heavily on electromyography (EMG) reports, noting "an EMG has only a 73% sensitivity in detecting radiculopathy." Unfortunately, the private medical letter did not identify the nerves affected by the diagnosed radiculopathy. A remand is therefore required to make this determination. Additionally, remand is necessary to obtain a VA medical opinion regarding the causation of diagnosed peripheral neuropathy. As outlined in the JMPR, a September 2017 VA medical opinion cited the lack of a causal relationship between neuropathy and the Veteran's lumbar disability as rationale for finding it less likely than not that peripheral neuropathy was aggravated by his lumbar disability. An additional VA medical opinion must provide sufficient rationale for its findings on remand. The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination for his bilateral lower extremity pain, including radiculopathy and peripheral neuropathy. The examiner must review the claims file. The examiner must identify all current diagnoses causing leg pain. Specific nerves involved in the pain must be identified, particularly with regard to the femoral and sciatic nerves. The examiner must opine as to whether bilateral lower extremity pain at least as likely as not caused or aggravated by service or a service-connected disability, to include degenerative joint disease with disc bulging and herniation. If the examiner concludes that the Veteran does not have a diagnosis of left and/or right lower extremity radiculopathy, the examiner must address the March 2021 private medical letter and June 2014 private hospital operative report that diagnose radiculopathy associated with lumbar disability. Additionally, the examiner must address a May 2017 VA treatment note, September 2014 primary care outpatient note, and April 2015 primary care outpatient note that list sciatica as a current condition. 2. Then, readjudicate the claim. If the benefits sought remain denied, issue a supplemental statement of the case and return the matters to the Board if otherwise in order. WILLIAM H. DONNELLY Veterans Law Judge Board of Veterans' Appeals Attorney for the Board W. Ripplinger, 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.