Citation Nr: 22018740
Decision Date: 03/30/22	Archive Date: 03/30/22

DOCKET NO. 14-06 115
DATE: March 30, 2022

REMANDED

Entitlement to a compensable disability rating prior to May 31, 2018, and in excess of 10 percent thereafter for service-connected left lower extremity femoral nerve radiculopathy is remanded.

Entitlement to a compensable disability rating prior to May 31, 2018, and in excess of 10 percent thereafter for service-connected right lower extremity femoral nerve radiculopathy is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 1988 to November 2008. He testified at a hearing before the undersigned in October 2015; a transcript of the hearing is associated with the record. Unfortunately, there has not been substantial compliance with the Board's March 2021 remand directives and another remand is required. Stegall v. West, 11 Vet. App. 268, 271 (1998).

1. Left lower extremity femoral nerve radiculopathy.

2. Right lower extremity femoral nerve radiculopathy.

The claims must be remanded again because the December 2021 VA examination is inadequate because the examiner did not provide the requested opinion. The examiner was directed to provide a retrospective opinion that addressed all neurological manifestations since November 2008. The examination report is internally inconsistent as the examiner said they were unable to find "objective evidence" of when the radiculopathy started but then said it began in 2007, was not present in April 2013 and is now "improved." 

The matters are REMANDED for the following action:

1. Schedule the Veteran for the appropriate VA examination to assess the severity of his service-connected bilateral femoral nerve radiculopathy. Copies of all pertinent medical records should be made available to the examiner for review. All necessary diagnostic testing should be performed using the appropriate DBQ if available.

The examiner is instructed to accept as fact that service connection has been established for left and right femoral nerve radiculopathy. 

Based on a review of the record, the examiner must identify all neurological manifestations affecting the femoral nerves shown since November 2008both objective and subjective. The examiner should identify the level of severity for the nerve involvement identified. 

 

 

M.E. Larkin

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Jarman, 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.