Citation Nr: 21004841
Decision Date: 01/28/21	Archive Date: 01/28/21

DOCKET NO. 16-52 129
DATE: January 28, 2021

REMANDED

Entitlement to an initial rating in excess of 10 percent for radiculopathy of the left lower extremity is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from August 2005 to May 2014, to include service in Iraq, Kuwait, and Afghanistan.  His decorations include the Combat Infantryman Badge.

This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a November 2015 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Montgomery, Alabama.  The RO, in pertinent part, established service connection for left lower extremity radiculopathy, evaluated as 10 percent disabling, effective January 6, 2015.  The Veteran appealed, contending that a higher rating was warranted.

In January 2021, the Veteran testified at a virtual Board hearing before the undersigned Veterans Law Judge. 

Entitlement to an initial rating in excess of 10 percent for radiculopathy of the left lower extremity is remanded.

The Veteran was afforded relevant VA examinations in November 2015 and May 2017.  At the January 2021 Board hearing, he testified that the radiculopathy of his left lower extremity had increased in severity since the time of the most recent examination.  In light of his testimony, a new examination is warranted.  See, e.g., 38 C.F.R. § 3.327(a); Snuffer v. Gober, 10 Vet. App. 400, 403 (1997).

This matter is REMANDED for the following action:

1. Ask the Veteran to identify, and provide appropriate releases for, any care providers who may possess new or additional evidence pertinent to the issue on appeal.  If he provides the necessary release(s), assist him in obtaining the records identified, following the procedures set forth in 38 C.F.R. § 3.159.  Any new or additional (i.e., non-duplicative) evidence received should be associated with the record.  If any of the records sought are not available, the record should be annotated to reflect that fact and the Veteran and his representative should be notified.

2. Obtain copies of records pertaining to any VA treatment the Veteran has received since the time that such records were last procured, following the procedures set forth in 38 C.F.R. § 3.159.  The evidence obtained, if any, should be associated with the record.

3. After the foregoing development has been completed to the extent possible, arrange to have the Veteran scheduled for an examination relative to the service-connected radiculopathy of his left lower extremity.  The examiner should provide a full description of the Veteran’s associated functional impairments as they relate to the relevant rating criteria.

4. After completing the above, and any other development as may be indicated by any response received as a consequence of the actions taken in the preceding paragraphs, the issue on appeal should be readjudicated based on the entirety of the evidence.  If any benefit sought remains denied, the Veteran and his representative should be issued a supplemental statement of the case.  An appropriate period of time should be allowed for response.

 

 

DAVID A. BRENNINGMEYER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	John Kitlas, 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.