Citation Nr: 18154475
Decision Date: 11/30/18	Archive Date: 11/29/18

DOCKET NO. 16-59 387
DATE:	November 30, 2018
REMANDED
Entitlement to a disability rating in excess of 40 percent for a back disorder is remanded. 
Entitlement to a disability rating in excess of 20 percent for right lower extremity radiculopathy is remanded. 
Entitlement to a disability rating in excess of 20 percent for left lower extremity radiculopathy is remanded.
REASONS FOR REMAND
The Veteran served on active duty from December 1969 to November 1971 and from November 1972 to November 1990.
This matter comes to the Board of Veterans’ Affairs (Board) on appeal from a rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).
1. Entitlement to a disability rating in excess of 40 percent for a back disorder 
2. Entitlement to a disability rating in excess of 20 percent for right and left lower extremity radiculopathy 
The Veteran contends that his service-connected back disorder and bilateral extremity radiculopathy are more disabling than the ratings currently assigned.  The Veteran was last afforded a VA examination for these conditions in April 2014, over four years ago.  Where a Veteran asserts that a disability has worsened since his last VA examination, and the last examination is too remote to constitute a contemporaneous examination, a new examination is required. See 38 U.S.C. § 5103A (d); 38 C.F.R. § 3.159 (c)(4); see also Snuffer v. Gober, 10 Vet. App. 400 (1997); Caffrey v. Brown, 6 Vet. App. 377, 381 (1994) (determining that Board should have ordered contemporaneous examination of Veteran because a 23-month old exam was too remote in time to adequately support the decision in an appeal for an increased rating).  The Board notes that the last VA examinations afforded to the Veteran are too remote in time to adequately assess the severity of his service-connected disabilities.
Further, the record suggests that pertinent private treatment records pertaining to treatment for his back and bilateral lower extremity radiculopathy are outstanding.  The Board notes that there are some records from a private treatment provider, Dr. W.P. of Highlands Neurosurgery, dated June 2006 to October 2010, associated with the record.  However, in April 2014, the Veteran provided a release for VA to obtain additional relevant private treatment records from the same provider.  VA did not obtain these records before the releases expired, and in August 2016 correspondence, requested that the Veteran updated releases.  No response was received from the Veteran.  On remand, the Veteran should be afforded another opportunity to submit an updated release and, accordingly, the private records should be sought. 
The matters are REMANDED for the following action:
1. Request an updated release so the RO can attempt to obtain relevant, outstanding private treatment records from Dr. W. Pratt (Highlands Neurosurgery) or any other provider or facility identified.  After obtaining the necessary releases, request the outstanding private medical records.  
2. Then, schedule the Veteran for an appropriate VA examination to determine the current severity of his service-connected back disorder.  The claims folder and all pertinent medical records should be made available to the examiner for review.  All necessary diagnostic testing should be performed.
3. Then, schedule the Veteran for an appropriate VA examination to determine the current severity of his service-connected right and left lower extremity radiculopathy.  The claims folder and all pertinent medical records should be made available to the examiner for review.  All necessary diagnostic testing should be performed.

 
L. M. BARNARD
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Tiffany N. Hanson, Associate Counsel