Citation Nr: 22019683
Decision Date: 04/02/22	Archive Date: 04/02/22

DOCKET NO. 17-54 194
DATE: April 2, 2022

REMANDED

Entitlement to service connection for left lower extremity neurological disability to include as secondary to service-connected low back disability is remanded.

Entitlement to service connection for right lower extremity neurological disability to include as secondary to service-connected low back disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from July 1986 to October 2008.

These matters come before the Board of Veterans' Appeals (Board) on appeal from a March 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

These matters were previously remanded in a June 2019 rating decision for further development.  Upon review, the Board finds that remand is again warranted. 

1. Entitlement to service connection for left lower extremity neurological disability to include as secondary to service-connected low back disability is remanded.

2. Entitlement to service connection for right lower extremity neurological disability to include as secondary to service-connected low back disability is remanded.

Remand is warranted for a VA examination.  The Veteran contends that he has bilateral lower extremity numbness, pain, and weakness.  September 2012 treatment records notes reports of leg weakness.  In a January 2013 statement in support of claim the Veteran reported ongoing numbness in his legs with difficulty running without his legs giving out.  December 2016 VA treatment records note bilateral leg numbness.  To date the Veteran has not been provided a VA examination for his lower extremity symptoms.  Further, it is not clear from the record whether the Veteran has a diagnosed lower extremity disability.  However, even if the Veteran does not have a diagnosed lower extremity disability pain may constitute a disability if it results in functional impairment.  Accordingly, remand is warranted for an examination and etiological opinion. 

The matters are REMANDED for the following action:

1. Schedule the Veteran for a VA examination for his lower extremity neurological disabilities.  The examiner must review the claims file.

The examiner is asked to provide a response to the following:

(a)	Identify all of the Veteran's lower extremity disabilities. 

(b)	If the Veteran does not have a diagnosed lower extremity disability, does the Veteran have current symptoms of lower extremity pain, numbness and weakness that result in functional impairment? 

(c)	Are the Veteran's lower extremity disabilities to include numbness, pain, radiculopathy, and any other identified neurological disabilities caused by the Veteran's service-connected herniated disc with anterior cervical discectomy?  Why or why not?

(d)	Are the Veteran's lower extremity neurological disabilities to include numbness, pain, radiculopathy, and any other identified neurological disabilities aggravated by the Veteran's service-connected herniated disc with anterior cervical discectomy?  Why or why not?

(e)	Are the Veteran's lower extremity disabilities to include numbness, pain, radiculopathy, and any other identified neurological disabilities caused by the Veteran's service-connected lumbar strain?  Why or why not?

(f)	Are the Veteran's lower extremity disabilities to include numbness, pain, radiculopathy, and any other identified neurological disabilities aggravated by the Veteran's service-connected lumbar strain?  Why or why not?

The examiner is informed that a positive opinion indicating a nexus to service does not require certainty.  Rather, if the weight of the evidence is in approximate balance for and against a nexus to service, the examiner should make a determination favorable to the Veteran.

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Provide a rationale to support the opinion(s).  

In rendering an opinion, the examiner must give consideration to the Veteran's lay statements and symptoms.  The Veteran is to be presumed credible for the limited purpose of this examination.

 

 

Jennifer White

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Wimbish, 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.