Citation Nr: 21026979 Decision Date: 05/04/21 Archive Date: 05/04/21 DOCKET NO. 16-08 244 DATE: May 4, 2021 REMANDED Entitlement to a disability rating in excess of 20 percent prior to June 22, 2017 and 40 percent thereafter for lumbosacral strain with intervertebral disc syndrome (IVDS) is remanded. Entitlement to a disability rating in excess of 20 percent prior to September 18, 2015 and 40 percent thereafter for left lower extremity radiculopathy is remanded. Entitlement to a disability rating in excess of 10 percent prior to June 22, 2017 and 20 percent thereafter for right lower extremity radiculopathy is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from December 1989 to August 1990 in the United States Air Force. The Veteran testified at a hearing before the undersigned in February 2021. A copy of the transcript is associated with the record. 1. Entitlement to a disability rating in excess of 20 percent prior to June 22, 2017 and 40 percent thereafter for lumbosacral strain with IVDS is remanded. 2. Entitlement to a disability rating in excess of 20 percent prior to September 18, 2015 and 40 percent thereafter for left lower extremity radiculopathy is remanded. 3. Entitlement to a disability rating in excess of 10 percent prior to June 22, 2017 and 20 percent thereafter for right lower extremity radiculopathy is remanded. At the hearing, the Veteran claimed that her back and lower extremity radiculopathies have increased in severity since she was last examined by VA in 2017. The Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of her lumbar spine and radiculopathy disabilities. 4. Entitlement to a TDIU is remanded. The claim for TDIU was raised as part of the increased rating claims before the Board. Rice v. Shinseki, 22 Vet. App. 447 (2009). The Veteran's representative submitted a VA Form 21-8940 after the February 2021 hearing. On remand, the AOJ must underake all appropriate development. The matters are REMANDED for the following action: 1. Review the VA Form 21-8940 submitted in March 2021 and undertake any necessary development. 2. Schedule the Veteran for examinations by an appropriate clinician to determine the current severity of her service-connected back and lower extremity radiculopathies. The examiner should provide a full description of the disabilities and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria. In so doing, the examiner must test the Veteran's active motion, passive motion, and pain with weight-bearing and without weight-bearing. If it is not possible to provide a specific measurement without speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner (does not have the knowledge or training). In so doing, the examiner must attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups. If it is not possible to provide a specific measurement based on direct observation, the examiner should provide an estimate, if at all possible, of the additional impairment due to flare-ups based on the other evidence of record and the Veteran's statements. If it is not possible to provide a specific measurement without speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner (does not have the knowledge or training). 3. After the above development, and any additionally indicated development, has been completed, readjudicate the issues on appeal, including the inextricably intertwined issue of entitlement to a TDIU. M.E. Larkin Veterans Law Judge Board of Veterans' Appeals Attorney for the Board P.S. McLeod 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.