Citation Nr: 18159551
Decision Date: 12/19/18	Archive Date: 12/19/18

DOCKET NO. 17-01 212
DATE:	December 19, 2018
REMANDED
Entitlement to an increased evaluation in excess of 20 percent for radiculopathy of the right lower extremity is remanded.
REASONS FOR REMAND
Since the Veteran’s March 4, 2015 compensation and pension (C&P) examination he has stated that the radiculopathy of his lower right extremity has worsened.  A short, private medical examination took place a month later on April 15, 2015.  This examination found the Veteran’s symptoms were worse than they had been in March 2015, and also reported muscle atrophy and decreased reflexes of the right ankle.  Additional worsening was noted at a primary care appointment on April 25, 2016.
Based on this evidence a remand is necessary so that the proper examiner can review the conflicting medical data and examine the Veteran’s current symptoms.
The matter is REMANDED for the following action:
1.  Associate with the claims file updated VA treatment records.
2.  Schedule the Veteran for a VA peripheral nerves examination determine the current severity of his service-connected radiculopathy of the right lower extremity.  The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria.  The examiner must attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups.  To the extent possible, the examiner should identify any symptoms and functional impairments and discuss the effect of the Veteran’s radiculopathy on any occupational functioning and activities of daily living.  
3. The RO is to readjudicate the issue on appeal. If the benefit being sought is not granted, the Veteran and his representative should be furnished with a supplemental statement of the case (SSOC) and afforded an opportunity to respond before the record is returned to the Board for further review.
 
 WILLIAM H. DONNELLY
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	C. Harner, Associate Counsel