Citation Nr: 22013936 Decision Date: 03/11/22 Archive Date: 03/11/22 DOCKET NO. 17-05 859A DATE: March 11, 2022 REMANDED Entitlement to service connection for left leg radiculopathy as secondary to service-connected lumbosacral strain is remanded. REASONS FOR REMAND The Veteran served on active duty from February 1970 to October 1976. This matter comes before the Board of Veterans' Appeals (Board) from a February 2016 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In June 2020 and in July 2021, the Board remanded the claim for further development. Since that time, a July 2021 Social Security Administration (SSA) Profile and Benefit Data form has been associated with the Veteran's claims file that appears to show that he currently receives Social Security disability benefits. The law requires VA to obtain SSA records, unless it can be shown they are not relevant. See Baker v. West, 11 Vet. App. 163 (1998). Here, the Board cannot say the records are not potentially relevant. Therefore, the Veteran's records regarding SSA benefits, including the complete medical records upon which any decision was based, should be requested on remand. Additionally, pursuant to the July 2021 Remand, an addendum medical opinion from Dr. T.D., General Practice, Obstetrics and Gynecology was associated with the claims file in November 2021. However, the Board finds that the medical opinion is inadequate. In determining whether the Veteran has a current diagnosis of left lower extremity radiculopathy, the examiner stated that "It is important to understand that the clinical presentation would qualify as a radiculopathy, hence any treatment records citing radiculopathy are clinically correct. However, this does not meet the VA standard for the diagnosis of radiculopathy." Here, it is not entirely clear why the examiner determined that the Veteran does not have radiculopathy affecting the left lower extremity. Further, the examiner opined that lumbar strain does not cause radiculopathy, reasoning that "[t]his is established medical knowledge and practice." The Board notes that this opinion is inadequate as it is conclusory in nature. As such, an addendum opinion must be obtained to determine whether the Veteran has radiculopathy of his left lower extremity, and if so, what the etiology of the disability is, to include any relation to his service-connected low back disability. The matters are REMANDED for the following action: 1. Contact the SSA and obtain any decisions and records pertinent to the Veteran's claim for SSA disability benefits, to include any medical records concerning that claim. All efforts to obtain the records should be fully documented, and a negative response should be requested if no records are available. 2. Then, obtain an addendum opinion by an appropriate VA examiner, preferably a neurological examiner, to determine the nature and etiology of his claimed radicular symptoms afflicting his left lower extremity. If the examiner determines that another examination is warranted, one should be scheduled. The examiner is requested to review all pertinent records associated with the claims file, including the Veteran's post-service medical records and lay assertions. (a) Next, the examiner must determine whether the Veteran has a current diagnosis of radiculopathy of the left lower extremity and explain why or why not. (b) If so, the examiner must opine whether it is at least as likely as not (a 50 percent probability or greater) that the radiculopathy of the left lower extremity was (i) caused or (ii) aggravated beyond their natural progression by his service-connected back disability. The examiner must address causation and aggravation separately) and explain why or why not. Note that aggravation means any incremental increase in disability in non-service-connected disabilities (i.e., any additional impairment of earning capacity) resulting from service-connected conditions. The examiner should note that the Veteran is competent to attest to matters of which he has first-hand knowledge, including observable symptomatology. If there is a medical basis to support or doubt the history provided by the Veteran, the examiner should provide a fully reasoned explanation. 3. Re-adjudicate the claim. GAYLE STROMMEN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Hanson 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.