Citation Nr: 21030096 Decision Date: 05/17/21 Archive Date: 05/17/21 DOCKET NO. 16-36 528 DATE: May 17, 2021 REMANDED 1. Entitlement increases in the staged (20 percent prior to January 28, 2013 and 30 percent from that date) ratings for right lower extremity radiculopathy is remanded. 2. Entitlement increases in the staged (40 percent prior to April 15, 2019 and 60 percent from that date) ratings for left lower extremity radiculopathy is remanded. REASONS FOR REMAND The appellant is a Veteran who had active service from October 1968 to October 1970. This case is before the Board of Veterans' Appeals (Board) on appeal from a June 2014 Department of Veterans Affairs (VA) rating decision that implemented a June 2014 Board decision (which was interpreted as granting service connection for right and left lower extremity radiculopathy). The Agency of original jurisdiction (AOJ) assigned initial ratings of 20 percent prior to January 28, 2013 , and 30 percent from that date, for right lower extremity radiculopathy and an initial 40 rating of 40 for left lower extremity radiculopathy. An April 2020 rating decision increased the rating for left lower extremity radiculopathy to 60 percent effective April 15, 2019. [A January 2021, rating decision granted service connection for bilateral ankle disabilities, and a March 2021 rating decision granted a temporary total (100 percent) convalescence rating, resolving the appeals in those matters. which based on surgical or other treatment necessitating convalescence (See Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997)), and they are no longer before the Board.] The Board remanded the increased ratings claims for the Veteran's bilateral lower extremity radiculopathy for further development in November 2017 and November 2020. The Veteran submitted medical evidence after the last supplemental statement of the case that shows at a March 2021 treatment visit, the Veteran's physician noted that the Veteran's bilateral lower extremity radiculopathy had progressed resulting in his inability to drive a car due to numbness and weakness. As the record shows (or suggests) worsening of the bilateral lower extremity radiculopathy during the period for consideration, development for updated pertinent treatment records and a contemporaneous VA examination is necessary. In April 2021, the Veteran's representative requested a 90-day abeyance period for submission of additional evidence. As the matter is being remanded, the Veteran and his representative will have ample opportunity to submit the additional evidence on remand. Therefore, the Board finds that an additional (to the one earlier granted) abeyance period (which would only delay expeditious processing for development found necessary) is not warranted. The matters are REMANDED for the following: 1. With the Veteran's assistance (by identifying all VA and private providers of updated to the present evaluations and treatment he has received for the disabilities at issue, and submitting authorizations for VA to obtain all identified private providers' records), secure for the record updated to-the-present all outstanding (any not yet associated with the claims file) records of evaluations and treatment he has received for the disabilities at issue. (2) Then, arrange for the Veteran to be examined by an appropriate clinician (in neurology, e.g.) to assess the severity of his bilateral lower extremity radiculopathy. The Veteran's claims file (to include this remand and any additional records received) must be reviewed by the examiner. Any tests or studies indicated should be conducted. The examiner should elicit from the Veteran a description of the functional impairment that from the lower radiculopathy, and comment whether the accounts are consistent with the clinical presentation of the disability (and if not, identify the nature and degree of functional impairment objectively found). The examiner should describe all clinical findings (which should be sufficient to determine the severity of the disability, i.e., whether consistent with complete or incomplete paralysis of the nerve affected, and if the latter, the degree of severity of the incomplete paralysis) in detail. All opinions must include a complete explanation of rationale, with citation to supporting factual data and medical principles. GEORGE R. SENYK Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Berryman, 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.