Citation Nr: 18151628
Decision Date: 11/20/18	Archive Date: 11/19/18

DOCKET NO. 17-43 986
DATE:	November 20, 2018
REMANDED
Entitlement to an initial rating in excess of 10 percent for radiculopathy of the left lower extremity, to include restoration of a 20 percent rating, effective August 5, 2016, is remanded.
Entitlement to an initial rating in excess of 10 percent for radiculopathy of the right lower extremity, to include restoration of a 20 percent rating, effective August 5, 2016, is remanded.
REASONS FOR REMAND
The Veteran served on active duty from December 1974 to December 1996.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a February 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Winston-Salem, NC.
Entitlement to an initial rating in excess of 10 percent for radiculopathy of the left and right lower extremities, to include restoration of a 20 percent rating, effective August 5, 2016, is remanded.
The Veteran was initially granted a 10 percent rating for radiculopathy in his lower extremities in a February 2015 rating decision.  The Veteran requested an increased evaluation of that rating, and was afforded a VA examination in January 2016.  Based on symptoms considered to depict moderate incomplete paralysis of both the right and left slower extremity sciatic nerves, the rating was subsequently increased to 20 percent, effective November 06, 2015.  Two months later, the Veteran requested a reconsideration of that rating, believing he met the criteria for the next higher evaluation.  He submitted additional evidence in support of his request.  The Veteran was afforded another VA examination in August 2016.  The examiner found he had mild incomplete paralysis, and thus, an August 2016 rating decision reduced the Veteran’s rating from 20 percent to 10 percent, effective August 5, 2016.  
The Veteran disagrees with this reduction and claims his disability is not adequately reflected by a 20 percent rating.  In his Notice of Disagreement, he expressed his dissatisfaction with the reduction and contended his symptoms have only worsened since last examined.  
Given these allegations of worsening symptoms, the Board believes an updated VA examination is necessary before addressing the appeal.  See Snuffer v. Gober, 10 Vet. App. 400, 403 (1997).  
The matters are REMANDED for the following action:
1. Identify and obtain any pertinent, outstanding VA and private treatment records and associate them with the claims file.
2. Then, schedule the Veteran for a VA examination to determine the current level of severity of all impairment resulting from his service-connected right and left lower extremity radiculopathy.  The claims file should be made available to, and reviewed by the examiner.  Any indicated studies must be performed.  The examiner should provide all information required for rating purposes.
3. Then, readjudicate the appeal.  If the decision remains adverse to the Veteran, issue a supplemental statement of the case and allow the appropriate time for response.  Then, return the case to the Board.
 
MICHAEL E. KILCOYNE
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	B. Jaigirdar, Associate Counsel