Citation Nr: 21031747 Decision Date: 05/24/21 Archive Date: 05/24/21 DOCKET NO. 17-48 037 DATE: May 24, 2021 REMANDED For the period prior to June 6, 2016, entitlement to an evaluation in excess of 20 percent for a lumbosacral strain is remanded. For the period from June 6, 2016, to November 9, 2020, entitlement to an evaluation in excess of 10 percent for a lumbosacral strain is remanded. For the period beginning on November 10, 2020, entitlement to an evaluation in excess of 20 percent for a lumbosacral strain is remanded. Entitlement to an evaluation in excess of 20 percent for left lower extremity radiculopathy is remanded. For the period prior to November 10, 2020, entitlement to an evaluation in excess of 10 percent for right lower extremity radiculopathy is remanded. For the period beginning on November 10, 2020, entitlement to an evaluation in excess of 20 percent for right lower extremity radiculopathy is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Air Force from September 1995 to June 2006. These matters come before the Board of Veteran's Appeals (Board) on appeal from February 2016 and July 2016 rating decisions by a Department of Veterans Affairs (VA) Regional Office (RO). In May 2020, the Board remanded the claims for further development. Such development has been completed and associated with the claims file, and these matters are ready for decision. 1. For the period prior to June 6, 2016, entitlement to an evaluation in excess of 20 percent for a lumbosacral strain 2. For the period from June 6, 2016, to November 9, 2020, entitlement to an evaluation in excess of 10 percent for a lumbosacral strain 3. For the period beginning on November 10, 2020, entitlement to an evaluation in excess of 20 percent for a lumbosacral strain 4. Entitlement to an evaluation in excess of 20 percent for left lower extremity radiculopathy 5. For the period prior to November 10, 2020, entitlement to an evaluation in excess of 10 percent for right lower extremity radiculopathy 6. For the period beginning on November 10, 2020, entitlement to an evaluation in excess of 20 percent for right lower extremity radiculopathy The Veteran's lumbosacral strain is currently assigned a 20 percent rating effective December 12, 2014, a 10 percent rating effective June 6, 2016, and a 20 percent rating effective November 10, 2020. The Veteran seeks increased ratings. He also seeks increased ratings for his associated left lower extremity radiculopathy, which is currently assigned a 20 percent rating, and for his right lower extremity radiculopathy, which is assigned a 10 percent rating prior to November 10, 2020, and 20 percent thereafter. Most recently, in May 2020, the Board remanded the claims so that the Veteran could be afforded a new VA examination because he indicated that his lumbosacral disability had worsened since the last VA examination in 2016. Subsequently, he was afforded a new VA examination in November 2020. The examiner noted that the Veteran experienced pain with weight bearing, but it is unclear whether the ranges of motion for the lumbosacral spine were weight bearing. Therefore, the Board finds that before a decision can be made on the claims, they should be remanded so that the VA examiner may be asked to provide an addendum to clarify whether the lumbosacral ranges of motion noted in the November 2020 VA examination report were weight bearing; if not, then a new VA examination should be performed. In light of the above, the Board defers decision on the rating claims for the bilateral lower extremity radiculopathy pending completion of the development directed herein. The matters are REMANDED for the following action: 1. Ask the VA examiner who performed the November 2020 VA examination report (back) to clarify whether the lumbosacral range of motion test results were weight bearing (it is not clear whether the lumbosacral spine is always in weight bearing position when upright due to the head, or whether weight bearing testing would involve other types of weight being used). Of importance is the most limiting reduced function. If not, then a new VA examination should be performed to address the current severity of the Veteran's lumbosacral strain disability and associated bilateral lower extremity radiculopathy. The claims folder should be made available to the examiner and pertinent documents therein should be reviewed by the examiner. All necessary tests and studies should be accomplished, and all clinical findings should be reported in detail. The examination must comply with the requirements of 38 C.F.R. § 4.59 involving measurements of passive and active range of motion - in both weight bearing and non-weight bearing. The examiner must explain why any of these clinical tests are not appropriate or could not be performed. A complete rationale for any opinions expressed should be provided. The examiner should be asked to note whether there is any weakened movement, excess fatigability, incoordination, or pain on use. If so, the examiner should note whether there are any additional degrees of loss of motion as a result (if it is not feasible to quantify, please explain). If flare-ups are noted, the examiner should note whether pain during flare-ups additionally limits functional ability. The examiner should note whether there are any additional degrees of loss of motion due to pain during flare-ups (if it is not feasible to quantify, please explain). Also, the examiner should ask the Veteran to describe in his own words whether there is any additional functional loss during flare-ups, and the examiner should note the frequency, duration, and severity of flare-ups. Any conclusions should be supported by a detailed rationale. J.W. FRANCIS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Juliano, 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.