Citation Nr: 21040717
Decision Date: 07/06/21	Archive Date: 07/06/21

DOCKET NO. 17-52 136
DATE: July 6, 2021

REMANDED

Entitlement to service connection for bilateral knee arthritis to include as secondary to lumbar spine disability is remanded.

Entitlement to service connection for cervical spine condition to include as secondary to lumbar spine disability is remanded.

Entitlement to service connection for left upper extremity radiculopathy is remanded.

Entitlement to service connection for right upper extremity radiculopathy is remanded.

Entitlement to service connection for left lower extremity radiculopathy is remanded.

Entitlement to service connection for right lower extremity radiculopathy is remanded.

Entitlement to total disability based on individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran had active service from April 1978 to July 1979. 

1. Entitlement to service connection for bilateral knee arthritis to include as secondary to lumbar spine disability is remanded.

The Veteran contended in the February 2021 Board hearing that the bilateral knee condition was secondary to the lumbar spine disability.  The previous VA examiners did not opine on secondary service connection; accordingly, the claim must be remanded for an addendum opinion. 

2. Entitlement to service connection for cervical spine condition to include as secondary to lumbar spine disability is remanded.

The Veteran contended in the February 2021 Board hearing that the cervical spine condition was secondary to the lumbar spine disability.  The previous VA examiners did not opine on secondary service connection; accordingly, the claim must be remanded for an addendum opinion. 

3. Entitlement to service connection for left upper extremity radiculopathy is remanded.

4. Entitlement to service connection for right upper extremity radiculopathy is remanded.

The Veteran contended in the February 2021 Board hearing that the bilateral upper extremity radiculopathy condition was secondary to the lumbar spine disability.  The previous VA examiners did not opine on secondary service connection; accordingly, the claim must be remanded for an addendum opinion.  The Board notes that the prior examinations did not diagnose upper extremity radiculopathy, but radiculopathy is included in the examination protocol for cervical spine disability, so they are included together. 

 

5. Entitlement to service connection for left lower extremity radiculopathy is remanded.

6. Entitlement to service connection for right lower extremity radiculopathy is remanded.

The Veteran contended in the February 2021 Board hearing that the bilateral lower extremity radiculopathy condition was secondary to the lumbar spine disability.  The previous VA examiners did not opine on secondary service connection; accordingly, the claim must be remanded for an addendum opinion.  The Board notes that the prior examinations did not diagnose lower extremity radiculopathy, but radiculopathy is included in the examination protocol for lumbar spine disability, so they are included together. 

7. Entitlement to total disability based on individual unemployability (TDIU) is remanded.

Finally, because a decision on the remanded issues could significantly impact a decision on the issue of TDIU, the issues are inextricably intertwined.  A remand of the claims for TDIU is required.  The Board notes that the Veteran was granted entitlement to service connection for a psychiatric disability from March 2020, but the TDIU claim would still be open prior to that date. 

The matters are REMANDED for the following action:

1. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran's bilateral knee condition is at least as likely as not related to service-connected lumbar spine disability or aggravated beyond its natural progression by lumbar spine disability.  

2. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran's cervical spine condition is at least as likely as not related to service-connected lumbar spine disability or aggravated beyond its natural progression by lumbar spine disability.  

3. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran has any upper or lower extremity radiculopathy diagnosis.  If so, provide an opinion as to whether any upper or lower extremity radiculopathy is at least as likely as not related to service-connected lumbar spine disability or aggravated beyond its natural progression by lumbar spine disability.  

 

 

DAVID L. WIGHT

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	E. Miller, 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.