Citation Nr: 25004591 Decision Date: 04/03/25 Archive Date: 04/03/25 DOCKET NO. 17-05 582 DATE: April 3, 2025 REMANDED The issue of entitlement to a rating higher than 30 percent for left upper extremity radiculopathy from May 20, 2020 is remanded. The issue of entitlement to a rating higher than 40 percent for right upper extremity radiculopathy from May 20, 2020 is remanded. The issue of entitlement to a separate compensable rating for left upper extremity radiculopathy before May 20, 2020 is remanded. The issue of entitlement to a separate compensable rating for right upper extremity radiculopathy before May 20, 2020 is remanded. REASONS FOR REMAND The Veteran served on active duty from April 1983 to June 1990, March 2007 to September 2008, and May 2013 to January 2014, to include service in Southwest Asia. This case is before the Board of Veterans' Appeals (Board) on appeal from a January 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran's appeal was previously remanded by the Board in August 2019 and then decided in December 2021. The Veteran appealed that decision to the Court of Appeals for Veterans Claims (CAVC), which granted a Joint Motion for Partial Remand (JMPR) in October 2022, remanding the case to the Board. The Board decided the appeal again in January 2023, denying increased ratings for degenerative arthritis of the cervical spine and associated upper extremity radiculopathy. The Veteran again appealed this decision to the CAVC, which granted another JMPR in May 2024, remanding the case to the Board a second time. The Board then remanded the appeal in August 2024. 1. Entitlement to a rating higher than 30 percent for left upper extremity radiculopathy from May 20, 2020 is remanded. 2. Entitlement to a rating higher than 40 percent for right upper extremity radiculopathy from May 20, 2020 is remanded. Because evidence obtained on remand regarding the issues of entitlement to a separate compensable rating for left upper extremity radiculopathy before May 20, 2020 and entitlement to a separate compensable rating for right upper extremity radiculopathy before May 20, 2020, may also affect the appropriate ratings for the period from May 20, 2020 on, the adjudication of these ratings is intertwined. Where a pending claim is inextricably intertwined with other claims currently on appeal, the appropriate remedy is to remand the claim pending the adjudication of the inextricably intertwined claims. See Harris v. Derwinski, 1 Vet. App. 180 (1991). Therefore, because these issues are intertwined with the Veteran's claims for separate compensable ratings before May 20, 2020, they are remanded pending adjudication of those claims. 3. Entitlement to a separate compensable rating for left upper extremity radiculopathy before May 20, 2020 is remanded. 4. Entitlement to a separate compensable rating for right upper extremity radiculopathy before May 20, 2020 is remanded. The August 2024 Board decision remanded the claims to clarify evidence in the record prior to adjudication in accordance with the JMPR directives. Specifically, although the Veteran reported neurological symptoms in his January 2017 appeal to the Board (issues with hand and grip strength) as well as at a July 2015 private orthopedic appointment (radiating pain, tingling, numbness, right side only), VA examinations in August 2014 and December 2019 noted no radicular signs or symptoms. The Board was unable to reconcile findings of no radicular symptoms with the Veteran's reports of radicular symptoms from the same period without competent medical evidence on the question. Therefore, the claims were remanded to obtain an addendum VA medical opinion. The Veteran was subsequently scheduled for an examination, but did not report. Significantly, however, the Board notes that the August 2024 Board remand directives requested an opinion and indicated that a physical examination did not need to be scheduled unless the clinician deemed it necessary. Here, there is no indication that the examiner determined that a physical examination was required or that the Veteran was ever notified of the scheduled examinations. Therefore, the Board finds that an additional remand to obtain an addendum opinion is warranted. The matters are REMANDED for the following action: Send the Veteran's claims file to an appropriate VA clinician for a medical opinion evaluating the nature and severity of the Veteran's right and left upper extremity radiculopathy. An examination need not be scheduled with the Veteran unless the clinician deems it necessary. Following review of the claims file, including this Remand, the clinician should complete the appropriate Disability Benefits Questionnaire (DBQ) and respond to the following: (a.) Please review the Veteran's reports of radicular symptoms in his January 2017 appeal to the Board (issues with hand and grip strength) as well as at a July 2015 private orthopedic appointment (radiating pain, tingling, numbness, right side only); as well as the August 2014 and December 2019 VA examinations noting findings of no radicular signs or symptoms. (b.) Please render an opinion reconciling the Veteran's reports of radicular symptoms in 2015 and 2017 with the negative findings of VA examinations in 2014 and 2019. For purposes of providing this opinion, please accept as credible the Veteran's lay reports in the record. (The Board does not at this time make a preliminary formal finding as to the credibility of any of the Veteran's lay statements. Rather, the Board merely asks that the clinician accept the Veteran's statements for purposes of this opinion.) Please provide full and complete medical reasoning for this opinion, citing to lay and medical evidence, as well as any peer-reviewed medical literature referenced in formulating it. IN PARTICULAR, if you find that the evidence supports a finding of no radiculopathy during the period before May 20, 2020, please explicitly address the Veteran's reports of radicular symptoms in his January 2017 appeal to the Board and at a July 2015 private orthopedic appointment, including why these reported symptoms do not support a finding of radiculopathy. (c.) If you find signs and/or symptoms of right or left upper extremity radiculopathy in the record or on examination (if indicated), is there involvement of multiple nerves? Please list all nerves or nerve groups involved. (d.) The Veteran is also service connected for degenerative arthritis of the bilateral shoulders, in addition to associated bilateral humerus impairment. Can the symptoms attributable to the Veteran's bilateral upper extremity radiculopathy be distinguished from those attributable to his bilateral shoulder disabilities? Why or why not? If the symptoms of the respective disabilities can be distinguished, please opine as to which of the Veteran's right and left upper extremity symptoms, to include intermittent, constant, and dull pain, paresthesias and/or dysesthesias, numbness, decreased or absent sensation to light touch, decreased positional, vibration, and cold sense, hypoactive reflexes, and decreased strength, are attributable to his bilateral upper extremity radiculopathy and which to his bilateral shoulder disabilities. Please provide full and complete medical reasoning for each opinion, citing to lay and medical evidence, as well as any peer-reviewed medical literature referenced in formulating it. S.C. Krembs Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Smith-Jennings, 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.