Entitlement to a separate, compensable disability rating for left lower extremity radiculopathy from January 1, 2012 to November 20, 2019 is remanded.

Citation Nr: 26001379 Decision Date: 01/30/26 Archive Date: 01/30/26 DOCKET NO. 15-02 297 DATE: January 30, 2026 REMANDED Entitlement to a separate, compensable disability rating for left lower extremity radiculopathy from January 1, 2012 to November 20, 2019 is remanded. REASONS FOR REMAND The Veteran, who is the appellant, had active service from January 1982 to March 1985. This matter came before the Board of Veterans' Appeals (Board) on appeal from a June 2013 Department of Veterans Affairs (VA) Regional Office (RO) rating decision. The instant matter has a long procedural history recounted in prior Board decisions. Most recently, in June 2024 the Board issued a decision, in pertinent part, denying a separate, compensable disability rating for left lower extremity radiculopathy from January 1, 2012 to November 20, 2019. The Veteran appealed the June 2024 Board decision to the United States Court of Appeals for Veterans Claims (Court). In an Order dated September 2025, the Court granted a Joint Motion for Partial Remand (JMPR), which remanded the aforementioned rating issue on appeal back to the Board for development consistent with the JMPR. In compliance with the JMPR, the Board now remands the remaining rating issue on appeal for additional development. The Veteran testified at a September 2018 Board hearing. The hearing transcript has been associated with the record. A Separate, Compensable Disability Rating for Left Lower Extremity Radiculopathy from January 1, 2012 to November 20, 2019 is Remanded. As noted in the introduction, in June 2024 the Board issued a decision, in pertinent part, denying a separate, compensable disability rating for left lower extremity radiculopathy from January 1, 2012 to November 20, 2019. Per the September 2025 JMPR, the parties agreed that the Board should have considered whether remand for a retrospective medical opinion was warranted to address whether certain evidence of record indicated that the Veteran had left lower extremity radiculopathy prior to November 20, 2019. The Board finds remand warranted to obtain a retrospective medical opinion addressing 1) whether the Veteran had left lower extremity radiculopathy prior to November 20, 2019, and 2) if so, the level of severity of the radiculopathy during the rating period on appeal. Further, the Board notes that in June 2022 the Board remanded this appeal to attempt to obtain outstanding medical records from Greenville Back and Spine Surgeons. Despite multiple attempts to obtain the records by the Agency of Original Jurisdiction (AOJ), the private medical facility never responded. As remand to obtain an addendum medical opinion is necessary at this time, on remand the Board will also direct the AOJ to again attempt to obtain these outstanding private treatment records. This matter is REMANDED for the following action: 1. Ask the Veteran to provide the necessary release to obtain records from Greenville Back and Spine Surgeons dated from April 2010 to the present, and request those records if the release is obtained. 2. The AOJ should obtain a retrospective medical opinion concerning the Veteran's left lower extremity radiculopathy. A rationale for all opinions and a discussion of the facts and medical principles involved should be provided. The VA examiner should provide the following opinions: A) Did the Veteran's currently diagnosed left lower extremity radiculopathy manifest prior to November 20, 2019? If so, what is the earliest date upon which it is factually ascertainable that symptoms of the left lower extremity radiculopathy first manifested? B) If the left lower extremity radiculopathy manifested prior to November 20, 2019, for the rating period prior to November 20, 2019, opine as to whether the symptoms are best categorized as mild, moderate, moderately severe, or severe with marked muscular atrophy. In rendering the above requested opinions, the VA examiner should discuss the relevant evidence of record, to include the report from a November 2019 VA back examination in which the Veteran conveyed experiencing constant throbbing and pain on the left side and legs for 18 months prior, an April 2019 VA treatment record in which the Veteran complained of pain in the legs for years, and the September 2018 Board hearing testimony concerning the left lower extremity symptoms following a September 2011 spinal laminectomy. J. PARKER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board E. Blowers, 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.