Citation Nr: 21031346
Decision Date: 05/21/21	Archive Date: 05/21/21

DOCKET NO. 16-61 971
DATE: May 21, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from January 1996 to June 1999.

The Veteran testified at a virtual teleconference hearing before the undersigned Veterans Law Judge in April 2021.  A transcript is of record.

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

The Veteran asserts that his service-connected radiculopathy of the right lower extremity is more disabling than reflected by the currently assigned 20 percent disability rating.  

The Veteran underwent a VA examination in March 2016, which determined the Veteran's level of disability to be 20 percent disabling.  However, the Veteran testified that his symptoms have worsened to the point that he experiences a stabbing sensation or sharp burning pain in his lower back that spreads down throughout his right leg and all throughout his foot and toes.  He also experiences pins and needle sensations and tingling feelings in his toes.  He reported that cold weather and barometric pressure associated with storms severely exacerbates these symptoms and cause him to take narcotics to manage the pain.

As the Veteran's contentions may demonstrate an increase in the level of disability, the Board of Veterans' Appeals (Board) finds that a new examination is required to evaluate the current degree of impairment.  See Snuffer v. Gober, 10 Vet. App. 400, 403 (1997); see also Allday v. Brown, 7 Vet. App. 517, 526 (1995).  

The matter is REMANDED for the following action:

1. The Regional Office (RO) should obtain and associate any updated VA treatment records with the claims file. 

2. Schedule the Veteran for a VA examination to assist in determining the nature and current level of severity of his service-connected right lower extremity radiculopathy.  If possible (although not required), the evidentiary record, including a copy of this remand, should be made available to and reviewed by the examiner.

 

 

B.T. KNOPE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. Veltri, Associate Counsel