Citation Nr: 22005157 Decision Date: 02/01/22 Archive Date: 02/01/22 DOCKET NO. 19-33 624 DATE: February 1, 2022 REMANDED Entitlement to a disability rating in excess of 20 percent for service-connected left lower extremity radiculopathy is remanded. Entitlement to a disability rating in excess of 20 percent for service-connected right lower extremity radiculopathy is remanded. INTRODUCTION The Veteran served honorably on active duty in the United States Navy during the Peacetime, from May 1983 to May 1988, and in the United States Army during the Gulf War Era, from January 1993 to September 1993, December 1995 to August 1996, January 2000 to September 2000, February 2003 to May 2004, June 2010 to June 2011, and from September 2018 to July 2019. These matters come before the Board of Veterans' Appeals (Board) on appeal from a May 2018 Rating Decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). In January 2022, the Veteran appeared and testified before the undersigned Veterans Law Judge (VLJ) at a live videoconference hearing. REASONS FOR REMAND Entitlement to a disability rating in excess of 20 percent for service-connected left lower extremity radiculopathy is remanded. Entitlement to a disability rating in excess of 20 percent for service-connected right lower extremity radiculopathy is remanded. The Veteran seeks disability ratings in excess of 20 percent for service-connected bilateral lower extremity radiculopathy. He was last afforded a VA medical examination evaluating the severity of these conditions in May 2018. The evidence of record indicates the Veteran's service-connected bilateral lower extremity radiculopathy may have worsened since the May 2018 VA examination. See Snuffer v. Gober, 10 Vet. App. 400, 403-04 (1997). During the January 2022 hearing, the Veteran competently and credibly testified that his bilateral lower extremity radiculopathy symptoms and functional limitations have increased in severity since the May 2018 VA examination. According to the Veteran, these conditions now manifest in loss of balance and, for example, he is no longer able to dance. Also, he testified that use of inserts caused worsening problems. Based upon the foregoing, the Board finds a current VA examination and medical opinion that considers the entirety of the pertinent evidence of record is required in this matter before a fully-informed decision can be rendered. Accordingly, these matters are REMANDED for the following action: Schedule the Veteran for an in-person VA examination with a physician possessing the necessary expertise to fully assess and provide an opinion regarding the nature and severity of the Veteran's service-connected bilateral lower extremity radiculopathy. The examiner must obtain a full history from the Veteran. The Veteran is competent to attest to factual matters of which he has first-hand knowledge, such as observable symptomology and functional limitations. All pertinent symptomology, including when initially manifested and any progression or exacerbations, must be elicited and reported in detail. Any indicated studies must be performed. Based upon a review of all pertinent evidence in the Veteran's claims file including medical treatment and prior examination records, lay statements, and the examination results, the examiner must offer a fully-articulated opinion based upon an accurate medical history with clear conclusions and supporting data providing a full description of the Veteran's service-connected bilateral lower extremity radiculopathy and all signs and symptoms necessary for evaluating these disabilities under the rating criteria. In offering the above opinion, the examiner must consider, discuss, and reconcile as necessary all pertinent lay and medical treatment and examination evidence of record including: (a.) the May 2018 VA examination report and (b.) the Veteran's January 2022 hearing testimony regarding symptomology, functional limitations, and treatment. A complete and thorough rationale for all opinions expressed, with references to pertinent evidence of record and supportive medical literature, must be provided. T. REYNOLDS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board E. Worsham, Attorney Advisor 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.