Citation Nr: 21041561 Decision Date: 07/09/21 Archive Date: 07/09/21 DOCKET NO. 17-18 893 DATE: July 9, 2021 REMANDED Entitlement to service connection for bilateral upper extremity radiculopathy, to include as secondary to service-connected diabetes mellitus, is remanded. Entitlement to service connection for bilateral lower extremity radiculopathy, to include as secondary to service-connected diabetes mellitus, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from June 1968 until June 1971. The Veteran testified at a hearing before the undersigned Veterans Law Judge in June 2021. This appeal is being processed under the VA's One Touch program and a transcript of the June 2021 hearing has not yet been associated with the record. A transcript of that hearing will be added at a later date. Entitlement to service connection for bilateral upper extremity radiculopathy, to include as secondary to service-connected diabetes mellitus, is remanded. Entitlement to service connection for bilateral lower extremity radiculopathy, to include as secondary to service-connected diabetes mellitus, is remanded. The Veteran asserts that he has radiculopathy of the upper and lower extremities bilaterally that is related to his service-connected diabetes mellitus. The claim must be remanded to obtain an adequate medical opinion; the May 2017 VA examination and etiology opinion include inconsistent findings. The examiner indicated on the diabetes mellitus examination report that the Veteran has diabetic peripheral neuropathy. However, on the completed examination report for diabetic sensory-motor peripheral neuropathy, the same examiner, on the same date noted the Veteran's report of symptoms of peripheral neuropathy, but then concluded Veteran does not and has never been diagnosed with diabetic peripheral neuropathy. On remand, the Veteran should be provided with a new VA medical examination and opinion. The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination to assess the nature and etiology of his bilateral upper and lower extremity radiculopathies. Copies of all pertinent records must be made available to the examiner for review. Based on a review of the record, the examiner must answer the following: If a diagnosis cannot be provided but the Veteran's condition manifests in symptoms that cause functional impairment, then the examiner should consider them a "disability" for the purpose of providing the requested opinions below. (a) Is it at least as likely as not (50 percent or greater probability) that any identified bilateral upper and lower extremity radiculopathies are proximately due to his service-connected diabetes mellitus? (b) Is it at least as likely as not (50 percent or greater probability) that the Veteran's bilateral upper and lower extremity radiculopathies are aggravated (defined as any increase in disability) by his service-connected diabetes mellitus? The examiner is notified that all provided opinions must be supported by complete rationale. The Veteran is competent to report his symptoms as well as the conditions and circumstances of his service. If the examiner determines that a requested opinion cannot be made without resort to speculation, they must say why. 2. Verify that the provided etiology opinions comport with the remand directives above. Specifically, ensure that the correct definition of aggravation for this circumstance, which is any increase in disability, is used. The incorrect standard for aggravation may be printed on the examination form. If the incorrect standard for aggravation is used or if the opinion provided is otherwise inadequate, get an addendum prior to readjudication of the claim. M.E. Larkin Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M.D. Collins, 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.