Citation Nr: 22014053 Decision Date: 03/11/22 Archive Date: 03/11/22 DOCKET NO. 17-60 268 DATE: March 11, 2022 REMANDED Evaluation in excess of 10 percent prior to August 7, 2017, and in excess of 20 percent thereafter for degenerative lumbosacral disc disease is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Army from March 1966 to March 1968. This matter comes before the Board of Veterans Appeals (Board) on appeal from a September 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In October 2021, the Veteran testified at a hearing before the undersigned. A transcript of the hearing has been associated with the claims file. The record reflects that the Veteran's service-connected disabilities may have prevented him from working during the appeal period. As a TDIU is part and parcel of any claim for an increased rating, and has been expressly raised at the Veteran's Board hearing in this case, it has been added as an issue. See Rice v. Shinseki, 22 Vet. App. 447 (2009). 1. Evaluation in excess of 10 percent prior to August 7, 2017, and in excess of 20 percent thereafter for degenerative lumbosacral disc disease (back disability) is remanded. The Board finds that additional development is needed prior to adjudication of the issue on appeal. The Board notes that where the evidence indicates that a service-connected disability has worsened since the last VA examination, and that examination is too remote to constitute a contemporaneous examination, a new examination is required. See 38 U.S.C. § 5103A (d); 38 C.F.R. § 3.159 (c)(4); see also Snuffer v. Gober, 10 Vet. App. 400 (1997); Green v. Derwinski, 1 Vet. App. 121; Caffrey v. Brown, 6 Vet. App. 377, 381 (1994). The Veteran was last afforded a VA examination to assess the severity of his back disability in August 2017. In an October 2021 Board hearing, the Veteran reported his back disability was more severe than shown by his VA examinations. Under these circumstances, the Board finds a remand is warranted for a current VA examination. 2. Entitlement to TDIU is remanded. The issue of entitlement to TDIU must also be remanded as it is inextricably intertwined with the issue of increased ratings for the Veteran's back disability. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (two issues are "inextricably intertwined" when the adjudication of one issue could have "significant impact" on the other issue). Therefore, the Board finds it necessary to remand this issue. The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination to determine the current severity of his service-connected degenerative lumbosacral disc disease and report all signs and symptoms necessary for rating the disorder. Any and all studies, tests, and evaluations deemed necessary by the examiner should be performed. The examiner is requested to review all pertinent records associated with the claims file, including this remand, and to comment on the severity of the Veteran's service-connected spine disability. The presence of objective evidence of pain, excess fatigability, incoordination, and weakness should also be noted, as should any additional disability due to these factors, including additional loss of range of motion. The examiner should discuss any additional functional impairment that the Veteran experiences during a flare-up or upon repetitive motion. The examiner should test the Veteran's range of motion in active motion, passive motion, weight-bearing, and nonweight-bearing. If the examiner is unable to conduct the required testing or concludes that the required testing is not necessary in this case, he or she should clearly explain so in the report. Any neurological abnormalities associated with the spine disability, to include but not limited to bladder and bowel impairment should be fully addressed as well as neurological symptoms of the Veteran's lower extremities. Any causal relationship to the Veteran's spine condition should also be addressed. A clear rationale for all opinions would be helpful and a discussion of the facts and medical principles involved would be of considerable assistance to the Board. 2. After undertaking any additional development deemed appropriate, and giving the Veteran full opportunity to supplement the record, adjudicate the Veteran's pending claim in light of any additional evidence added to the record, including the issue of entitlement to a TDIU. If any benefit sought on appeal remains denied, the Veteran and his representative should be furnished with a Supplemental Statement of the Case and be afforded the applicable opportunity to respond before the record is returned to the Board for further review. Caroline B. Fleming Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Javed, 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.