Citation Nr: 21014784 Decision Date: 03/15/21 Archive Date: 03/15/21 DOCKET NO. 16-51 901 DATE: March 15, 2021 REMANDED The claim of entitlement to an initial rating higher than 40 percent prior to September 4, 2014, higher than 40 percent starting from January 1, 2015, and higher than 20 percent starting from October 1, 2015, for intervertebral disc disease, arthritis, and degenerative spondylosis of cervical spine, to include the propriety of the reduction from 40 to 20 percent, is remanded. The claim of entitlement to an initial rating higher than 20 percent prior to October 1, 2015, a compensable rating from October 1, 2015, to March 27, 2016, and higher than 20 percent starting from March 28, 2016, for left upper extremity radiculopathy, to include the propriety of the reduction from 20 to 0 percent for the period from October 1, 2015, to March 27, 2016, is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1998 to September 2004, from August 2011 to February 2012, and from April 2013 to October 2013. This appeal is from a May 2014 rating decision, which granted service connection for the cervical spine with bilateral upper radiculopathy. The Board notes the Veteran did not immediately appeal this rating decision, but that she submitted medical records in September 2014 and was scheduled for a VA cervical examination that also addressed upper extremity radiculopathy. This medical evidence was relevant to the May 2014 decision, and it thus remained pending. 38 C.F.R. § 3.156(b). Thereafter, in February 2015, another rating decision was issued, which addressed the cervical spine and bilateral radiculopathy, followed by another VA examination in March 2015, which was relevant to the February 2015 rating decision. The Board notes that relevant records were also received in September 2015, also relevant to the February 2015 rating decision. Id. In July 2015, a rating decision was issued that reduced the Veteran’s ratings for the neck and the left upper extremity, to which she filed a notice of disagreement (NOD). Accordingly, the ratings on appeal for the neck and left upper extremity radiculopathy are being considered from their effective date of service connection. In August 2019, the Veteran had a personal hearing with the undersigned VLJ. At the hearing, it was agreed that the record would be held open for 60 days in order for the Veteran to provide medical records, which were received. 1. The claim of entitlement to an initial rating higher than 40 percent prior to September 4, 2014, higher than 40 percent starting from January 1, 2015, and higher than 20 percent starting from October 1, 2015, for intervertebral disc disease, arthritis, and degenerative spondylosis of cervical spine, to include the propriety of the reduction from 40 to 20 percent, is remanded. The Veteran has not had a VA examination of the cervical spine since March 2016. In October 2019, she provided a private DBQ that shows an increase in severity in her symptoms. Accordingly, an updated VA examination should be conducted. 2. The claim of entitlement to an initial rating higher than 20 percent prior to October 1, 2015, a compensable rating from October 1, 2015, to March 27, 2016, and higher than 20 percent starting from March 28, 2016, for left upper extremity radiculopathy, to include the propriety of the reduction from 20 to 0 percent for the period from October 1, 2015, to March 27, 2016, is remanded. This matter is not ripe for adjudication. The Veteran was provided with a VA peripheral nerves examination in October 2019, which has not been considered in a readjudication by the AOJ. The Veteran was asked in March 2020 whether she wished to waive her right to have the AOJ review this evidence, but she did not respond. Accordingly, this appeal must be remanded for the issuance of an SSOC. The Board notes that the VA cervical examination that will occur will include an examination of the neurological symptoms associated with the neck. The matters are REMANDED for the following action: 1. Obtain updated VA treatment records. 2. After completion of directive 1, schedule the Veteran for an appropriate examination for a report on the current severity of her cervical spine disability. The examiner is asked to elicit from the Veteran a detailed history of her symptoms generally, during flares, and after repetitive use over time. The examiner is asked to conduct a thorough examination, including range of motion measurements and neurological testing. The examiner is asked to opine on the Veteran’s functional loss, and whether it causes her to lose range of motion of the neck during flares or after repetitive use. All necessary diagnostic testing shall be conducted. In conducting this examination, the examiner should thoroughly evaluate the severity of the service-connected left upper extremity radiculopathy. Nathaniel J. Doan Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Gibson 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.