Citation Nr: 21071328
Decision Date: 11/30/21	Archive Date: 11/30/21

DOCKET NO. 19-37 279
DATE: November 30, 2021

REMANDED

Entitlement to a rating in excess of 20 percent for radiculopathy of the right lower extremity is remanded.

Entitlement to a 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 Navy from January 1967 to July 1970.  The Board thanks the Veteran for his service.  

This matter is before the Board of Veterans' Appeals (Board) on appeal from an August 2017 rating decision.

In November 2021, the Veteran testified at a virtual hearing before the undersigned Veterans Law Judge.  A transcript of that testimony has not yet been added to the file, as this decision is being processed under the Board's "One Touch" hearing program.  A copy of the transcript will be added to the Veteran's claims file in the ordinary course of business.

The Veteran's September 2017 Notice of Disagreement appealed evaluations for service-connected osteoarthritis of the lumbar spine, radiculopathy of the right lower extremity, and radiculopathy for the left lower extremity.  The Department of Veterans Affairs (VA) Regional Office (RO) adjudicated all three issues on the November 2019 Statement of the Case.  However, the Veteran's December 2019 Form 9 explicitly limited his appeal as to the evaluations assigned for the left and right lower extremity radiculopathy.  As the Veteran has explicitly limited the scope of his appeal, the Board finds that the issue of entitlement to an increased evaluation for service-connected osteoarthritis of the lumbar spine is not before the Board at this time.  

Entitlement to increased evaluations for radiculopathy of the right and left lower extremities

At his November 2021 hearing, the Veteran asserted that his radiculopathy of the right and left lower extremities have increased in severity since the Veteran was last examined by VA.  The Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of the disabilities.

The matters are REMANDED for the following action:

1. Attempt to associate with the record all outstanding VA and non-VA treatment records, to include any VA treatment records generated since July 2019.

 

2. Schedule the Veteran for a neurological examination by an appropriate clinician to determine the current severity of his service-connected radiculopathy of the right and left lower extremities.   

 

M. C. GRAHAM

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Beeler, C.

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.