Citation Nr: 21007948 Decision Date: 02/11/21 Archive Date: 02/11/21 DOCKET NO. 17-37 124 DATE: February 11, 2021 REMANDED A disability rating in excess of 20 percent for a back disability is remanded. A disability rating in excess of 20 percent for radiculopathy left lower extremity is remanded. A disability rating in excess of 20 percent for radiculopathy right lower extremity is remanded. REASONS FOR REMAND The Veteran service honorably in the United States Army from September 1978 to September 1998. These matters comes to the Board of Veterans’ Appeals (Board) on appeal from a June 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). This appeal is being adjudicated under the legacy appellate framework. The Veteran testified at a personal hearing before the Board in September 2020, and a transcript of the hearing is of record. The Board notes that in May 2017 the Veteran filed a notice of disagreement (NOD) challenging the evaluation of a neck disability and the effective date for the assignment of service connection for a neck disability; as well as the denial of service connection for a kidney disability, radiculopathy of the bilateral upper extremities, and a bilateral shoulder disability. The Veteran withdrew his earlier effective date claim in a May 2018 written notice received prior to the matter being received by the Board. In February 2019, the RO granted service connection for radiculopathy of the bilateral upper extremities. This is considered a full grant of the Veteran’s prayer of relief regarding the Veteran’s claims for service connection for radiculopathy. Finally, a statement of the case (SOC) was issued responsive to the remaining claims in February 2019, but the Veteran failed to perfect a timely substantive appeal to the Board. Therefore, the Board shall not address these issues any further. The Board also notes that in April 2018 the Veteran filed a NOD challenging the denial of service connection for an acquired psychiatric disorder. In August 2018, the RO granted service connection for an acquired psychiatric disorder. This is considered a full grant of the Veteran’s request prayer of relief, and the Board shall not address this matter any further. The Board notes that both the Veteran and his representative (Mr. Oliver Jahizi, Esq.) have expressed their interest in removing Mr. Jahizi as the representative of record and having the Veteran proceed pro se. Nevertheless, this notice was first received by VA on November 20, 2019. The appeal was commenced when the NOD was filed on July 17, 2015, and the appeal was perfected on September 17, 2016; and the appeal was certified by the RO to the Board on July 20, 2017. The Veterans Appeals Control and Locator System (VACOLS) indicates that the Board received the Veteran’s appeal on July 20, 2017, and that the Veteran’ appeal was activated on February 21, 2019; all of which occurred prior to the November 20, 2019 notice. After an appeal has been filed, the representative may only be removed upon a motion showing good cause for removal. 38 C.F.R. § 20.6. No such motion has been granted, and, even to the extent that the Board considered the November 20, 2019 notice such a motion, it is not in compliance with the Board’s rules of procedure (e.g. it contains no certification of service). Id. Moreover, the record is silent for such a document purporting to be such a motion complying with the procedural requirements for withdrawal of representation. The Board is cognizant that – the requirement for a motion for good cause notwithstanding – in the case of legacy appeals (such as this one) representation may be revoked at any time pursuant to 38 C.F.R. § 14.631 prior to the appeal being certified to the Board. 38 C.F.R. § 20.6(b). As discussed above however, the appeal was filed, perfected, certified, received, and activated prior to receipt of the November 20, 2019 notice, and, as such, this provision is not applicable. Therefore, the Mr. Oliver Jahizi, Esq. remains the Veteran’s representative of record. 1. A disability rating in excess of 20 percent for a back disability is remanded. 2. A disability rating in excess of 20 percent for radiculopathy left lower extremity is remanded. 3. A disability rating in excess of 20 percent for radiculopathy right lower extremity is remanded. At issue is whether the Veteran is entitled to increased disability ratings for a back disability and radiculopathy of the lower extremities. The Veteran last underwent a VA examination in December 2018. The Veteran testified to the severity of his disabilities in September 2020. The Veteran’s testimony suggests that the Veteran’s disabilities have increased in severity since the last VA examination. See Transcript. Therefore, this matter must be remanded for new VA examinations in order to ensure that the record is sufficiently detailed to fully evaluate the Veteran’s claim. Barr v. Nicholson, 21 Vet. App. 303 (2007). The matters are REMANDED for the following action: Arrange to provide the Veteran with a VA examination in order to determine the current severity of the Veteran’s   back disability and bilateral radiculopathy. DAVID L. WIGHT Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Seaton 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.