Citation Nr: 25005685 Decision Date: 04/25/25 Archive Date: 04/25/25 DOCKET NO. 19-07 925 DATE: April 25, 2025 REMANDED Entitlement to an increased rating in excess of 30 percent for lumbar radiculopathy of the left lower extremity prior to September 6, 2023, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Air Force from March 1991 to November 1999. The matter originally came to the Board of Veterans' Appeals (Board) on appeal from a June 2016 legacy rating decision issued by the Agency of Original Jurisdiction (AOJ) of the United States Department of Veterans Affairs (VA). This matter was last before the Board in March 2024 when it denied the Veteran's claim. See March 2024 BVA Decision. The Veteran appealed the Board's decision to the United States Court of Appeals for Veterans Claims (Court). An Order of the Court, dated February 21, 2025, subsequently granted a Joint Motion for Partial Remand (JMPR), vacating the part of the March 2024 Board decision denying entitlement to an increased rating for lumbar radiculopathy of the left lower extremity prior to September 6, 2023. The Court remanded the claim to the Board for action consistent with the terms of its decision. In view of the parties' agreements in the Court-endorsed JMPR, the Board finds that remand is necessary prior to the adjudication of the Veteran's claim. Entitlement to an increased rating in excess of 30 percent for lumbar radiculopathy of the left lower extremity prior to September 6, 2023. The Veteran is service connected for lumbar radiculopathy of the left lower extremity, associated with lumbar spine disability, rated at 30 percent from April 11, 2016 to September 6, 2023, pursuant to 38 C.F.R. § 4.71a, Diagnostic Code (DC) 8521. The Veteran contends that he is entitled to a higher evaluation for his radiculopathy prior to September 6, 2023. See April 2025 Appellate Brief; January 2024 Appellate Brief; May 2020 VA-646. Pursuant to the February 2025 JMPR, remand is required for the Board to address the nature and severity of the Veteran's lumbar radiculopathy of the left lower extremity prior to September 6, 2023. In May 2016, the Veteran underwent a VA examination to assess his peripheral nerve condition. The Veteran reported pain down to his left leg, burning pain down the lower left extremity and weakness with bending over. See June 2016 Nerve C&P, at 1-2. He had mild constant pain, moderate intermediate pain, moderate paresthesias and or/dysesthesias and moderate numbness of the left lower extremity. Id, at 2-3. Sensory examination indicated decreased testing for light touch in the left thigh/knee, lower leg/ankle and foot/toes. The Veteran's gait was not normal and left foot drop was present with slapping to gait without shoes. The VA examiner found the Veteran had moderate incomplete paralysis of the sciatic nerve. Id, at 5. He had moderate incomplete paralysis of the common peroneal nerve. Id. The VA examiner noted that the Veteran had mild left foot drop without shoes. The VA examiner opined the Veteran has moderate incomplete sensory loss with mild motor deficit of the left lower extremity, S/P laminectomy and discectomy for left HNP with symptoms that are as least as likely as not related to his service-connected left lower lumbar radiculopathy. Id, at 10. In June 2018, the Veteran underwent another VA examination to assess his peripheral nerve condition. The Veteran reported that he has constant pain in the left buttock to the knee, numbness in the outside of the left calf, left foot drop, and that his left leg is atrophic, and he feels the ankle is weak because he scuffs his toes on the left. See June 2018 Nerve C&P, at 1. He had mild constant pain, moderate intermediate pain, and mild numbness of the left lower extremity. Id, at 3. He had mild incomplete paralysis of the sciatic nerve. Id, at 4. The Veteran was diagnosed with mild incomplete sensory loss left, L5, due to lumbar radiculopathy. Id, at 6. In September 2023, the Veteran underwent another VA examination to assess his peripheral nerve condition. The Veteran had moderate constant pain, intermittent pain, paresthesias and/or dysesthesias, and numbness of the left lower extremity. He had moderately severe incomplete paralysis of the left lower extremity. See September 2023 C&P, at 10-11. The Board finds that a medical opinion is necessary to determine the severity of the Veteran's lumbar radiculopathy of the left lower extremity prior to September 6, 2023, to include whether any other nerve groups are found to be affected and whether other Diagnostic Codes could afford separate and/or higher ratings. As such, on remand, an opinion should be obtained in which a VA examiner reviews the evidence of record and provides an opinion as to the nature of the Veteran's lumbar radiculopathy of the left lower extremity, the nerve(s) affected, and the severity of such disorder prior to September 6, 2023. In light of the foregoing, the Board cannot yet adjudicate the Veteran's claim for lumbar radiculopathy of the left lower extremity because the record does not contain sufficient competent medical evidence to make a determination on the claim and finds that remand for further development is necessary. See Green v. Derwinski, 1 Vet. App. 120, 124 (1991). The matter is REMANDED for the following action: 1. Obtain an opinion from a qualified examiner to determine the nature and severity of the Veteran's lumbar radiculopathy of the left lower extremity prior to September 6, 2023. The examiner must review the claims file, including a copy of this remand, and consider the Veteran's lay statements. The examiner should provide a full description of the disabilities and report all signs and symptoms necessary for evaluating the Veteran's disability under all applicable rating criteria, including a date when the radiculopathy manifested, nerve groups affected, and the severity of the radiculopathy in the left lower extremity. In rendering the opinion, the examiner is asked to consider the (a) June 2016 VA Peripheral Nerves examination, (b) June 2018 VA Peripheral Nerves examination, and (c) September 2023 VA Back (Thoracolumbar Spine) examination reports. Additionally, the examiner should consider whether the external popliteal nerve and the sciatic nerve are affected. If so, whether the functions of those nerve groups overlap. A complete rationale for the examiner's opinion should be provided, citing to specific evidence of record, as necessary. If the examiner cannot provide an opinion without resort to speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner does not have the knowledge or training. If the inability to provide an opinion(s) without resorting to speculation is due to a deficiency in the record (additional facts are required), the AOJ should develop the claim to the extent it is necessary to cure any such deficiency. If the inability to provide an opinion(s) is due to the examiner's lack of requisite knowledge or training, then the AOJ should obtain an opinion(s) from a medical professional who has the knowledge and training needed to render such an opinion. 2. Thereafter, readjudicate the issue on appeal. If any benefit sought on appeal remains denied, the Veteran and his representative should be provided with a Supplemental Statement of the Case and be afforded a reasonable opportunity to respond. The case should then be returned to the Board for further appellate review, if otherwise in order. R. Bisignani Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Loy, T., 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.