BVA Case 22-5641: Back

However, the Board determined that an additional examination was necessary because,although the 2017 examiner did not find evidence of radiculopathy,there was no evidence that an [electromyography (EMG)]test was performed and the examiner [failed to]refer to the complaints of lower extremity pain in the March 2010 [and January 2015]VA examination [reports].

The examiner also provided the following nexus opinion: The [appellant's]claimed lumbar radiculopathy of his lower extremities is less than likely as not proximately due to or the result of the [appellant's] lumbar myositis.

On May 26,2022,the Board denied disability compensation for bilateral LER.

Parties'Arguments The appellant argues that the Board failed to ensure that VA fulfilled its duty to assist because the Board did not respond to his request for the June 2021 VA examiner's CV.

The appellant also asserts that the Board erred by relying on an inadequate June 2021 VA examination report.

As for his right lower extremity,he avers that the examiner failed to consider evidence of in-service symptoms of right LER.

Turning to his right lower extremity,the appellant asserts that the Board's reasons or bases are inadequate because the Board failed to consider whether service connection for right LER is warranted on a direct basis.

He also avers that the Board did not discuss his request or find the duty to assist satisfied, and he asks the Court to reject the Secretary's rationalization for the Board's inaction.