Citation Nr: 21072162
Decision Date: 12/02/21	Archive Date: 12/02/21

DOCKET NO. 19-21 521
DATE: December 2, 2021

REMANDED

The claim for a rating for lumbar spine degenerative arthritis in excess of 40 percent is remanded.

The claim for a rating for right lower extremity radiculopathy in excess of 20 percent is remanded.

The claim for a rating for left lower radiculopathy in excess of 10 percent is remanded.

REASONS FOR REMAND

The Veteran honorably served on active duty from June 1970 to April 1972. In an October 2015 rating decision, the Regional Office (RO) granted a rating increase for the lumbar spine disability from 20 to 40 percent and the right lower extremity radiculopathy from 10 to 20 percent. Prior to the expiration of the appeal period, the Veteran filed an increased rating claim. In an October 2016 rating decision, the RO denied a rating increase for the lumbar spine disability in excess of 40 percent and the right lower extremity radiculopathy in excess of 20 percent, while granting service connection for the left lower extremity radiculopathy initially evaluated at 10 percent. The Veteran appealed the assigned ratings. In November 2021, the Veteran testified at a Board hearing, a transcript of which is of record.

At the hearing, the Veteran indicated that the severity levels of his disabilities have worsened since the last VA examinations, to include having harder time getting around, taking pain medications, and falling 3-4 times per month. This evidence warrants a reevaluation. 

Accordingly, the matters are REMANDED for the following action:

1. Obtain the Veteran's VA treatment records from May 2019 onward.

2. Schedule the Veteran for an evaluation of the current severity levels of his lumbar spine disability and bilateral lower extremity radiculopathy. 

 

 

MATTHEW W. BLACKWELDER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Alex Bardin, Associate 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.