Citation Nr: 22018604 Decision Date: 03/29/22 Archive Date: 03/29/22 DOCKET NO. 20-17 414 DATE: March 29, 2022 ORDER The appeal for a total disability rating based on individual unemployability (TDIU) is dismissed as moot. REMANDED The appeal for an increased initial rating for a service-connected low back disability is remanded. The appeal for an increased rating for service-connected radiculopathy of the left lower extremity (sciatic nerve) is remanded. The appeal for an increased rating for service-connected radiculopathy of the left lower extremity (anterior crural nerve) is remanded. FINDING OF FACT During the entire appellate period, the Veteran is entitled to a total (that is, 100 percent) disability evaluation for service-connected acquired psychiatric disorder. CONCLUSION OF LAW The criteria are met for dismissal of the appeal for a TDIU rating. 38 U.S.C. § 7105; 38 C.F.R. §§ 4.16, 19.55; see Bradley v. Peake, 22 Vet. App. 280 (2008). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served in the U.S. Coast Guard on active duty from January 2000 to May 2004. These matters are before the Board of Veterans' Appeals (Board) on appeal from October 2017 and July 2018 rating decisions by the Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ). A January 2021 Board hearing was conducted before the undersigned at the Veteran's request, and a transcript of the hearing has been associated with the record. In July 2021, the Board remanded the Veteran's claims for further development. The Board also granted service connection for an acquired psychiatric disorder. The AOJ assigned a 100 percent rating for the entire appeal period for the service-connected acquired psychiatric disorder. Accordingly, because the Veteran is receiving a total (that is, 100%) disability rating, the appeal for a TDIU rating is rendered moot. REASONS FOR REMAND 1. The appeal for an increased initial rating for a service-connected low back disability is remanded. 2. The appeal for an increased rating for service-connected radiculopathy of the left lower extremity (sciatic nerve) is remanded. 3. The appeal for an increased rating for service-connected radiculopathy of the left lower extremity (anterior crural nerve) is remanded. The above listed claims are closely related and are being remanded for similar reasons, thus, they will be addressed together for the purposes of this remand order. The Board finds a new VA examination is required for the above conditions in order for the Board to fairly and accurately adjudicate the Veteran's claims. The prior examination failed to address the effect of the Veteran's medications as well as nerve blocking and muscle spasms. Additionally, the Board requested separate VA examinations for the Veteran's spine and lower extremity radiculopathy, which was not completed. See Stegall v. West, 11 Vet. App. 268 (1998). Further, the November 2021 VA examination did not take into account the Veteran's testimony about the severity of his low back condition during flare ups. Accordingly, a remand is required. The matters are REMANDED for the following action: 1. Please note that this Veteran's case has been advanced on the docket and, by law, ALL remanded claims must be processed expeditiously. 2. The AOJ should arrange for an ORTHOPEDIC AND NEUROLOGIC examinations of the Veteran to assess the current severity of his service-connected low back and radiculopathy of his left lower extremity (sciatic and anterior crural nerves) disabilities. The examiner must review the entire record in conjunction with the examination and note such review was conducted. Pathology, symptoms (frequency and severity), and any associated impairment of function should be described in detail. All indicated tests or studies should be completed. Range of motion measurements should be included for active and passive motion in both weight-bearing and non-weight-bearing circumstances, including for the opposite undamaged joint, if applicable. IF PAIN IS NOTED, THE POINT IN THE RANGE OF MOTION AT WHICH PAIN STARTS SHOULD BE CLEARLY NOTED. If feasible, the examiner must assess the additional functional impairment on repeated use or during flare-ups IN TERMS OF THE DEGREE OF ADDITIONAL RANGE OF MOTION LOSS, using lay observations specifically elicited from the Veteran. If not feasible, the examiner must provide a detailed explanation and rationale for why such could not be accomplished. Specifically, if the medical professional cannot provide an opinion without resorting to mere speculation, he or she must provide a complete explanation for why an opinion cannot be rendered; a rationale based on the fact that the Veteran is not having a flare-up at the time of the examination will not be deemed adequate. The examiner MUST address the Veteran's medications, nerve blocking, and muscle spasms. Additionally, the examiner MUST address any potential additional neurologic conditions, such as erectile dysfunction or any other neurologic symptoms associated with his low back and radiculopathy disabilities. The examiner MUST address the Veteran's July 2021 Board hearing testimony about the severity of his symptoms during flare-ups. The examiner is reminded that the Veteran is competent to provide information about observable symptoms and events. The examiner should assume, for the purposes of the opinions, that the Veteran's reports are both accurate and credible. A detailed explanation (rationale) is required for all opinions provided. (By law, the Board is not permitted to rely on any conclusion that is not supported by a thorough explanation. Providing an opinion or conclusion without a thorough explanation will delay processing of the claim and may also result in a clarification being requested.) VICTORIA MOSHIASHWILI Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Williams, 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.