Citation Nr: 22016058 Decision Date: 03/21/22 Archive Date: 03/21/22 DOCKET NO. 20-02 800 DATE: March 21, 2022 REMANDED Propriety of the reduction in rating from 20 percent to 10 percent for service connected right lower extremity radiculopathy (sciatic nerve) from November 26, 2018, to August 30, 2019, to include whether a rating in excess of 10 percent is warranted from November 26, 2018, to August 30, 2019, and in excess of 20 percent from that date, is remanded. Propriety of the reduction in rating from 20 percent to 10 percent for service connected left lower extremity radiculopathy (sciatic nerve) from November 26, 2018, to include whether an increased rating is warranted, is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1994 to November 1998. This matter came before the Board of Veterans Appeals (Board) on appeal from a December 2018 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the undersigned Acting Veteran's Law Judge during a February 2022 hearing. Following the rating decision on appeal, a November 2019 rating decision increased the evaluation of the Veteran's right lower extremity radiculopathy from 10 percent disabling to 20 percent disabling, effective August 30, 2019. 1. Propriety of the reduction in rating from 20 percent to 10 percent for service connected right lower extremity radiculopathy (sciatic nerve) from November 26, 2018, to August 30, 2019, to include whether a rating in excess of 10 percent is warranted from November 26, 2018, to August 30, 2019, and in excess of 20 percent from that date 2. Propriety of the reduction in rating from 20 percent to 10 percent for service connected left lower extremity radiculopathy (sciatic nerve) from November 26, 2018, to include whether an increased rating is warranted The Veteran contends that improvement in his service-connected bilateral lower extremity radiculopathy did not occur and that he is entitled to higher ratings for throughout the entire period under consideration. A November 2018 VA examination found radiculopathy involving the sciatic nerve on both sides. The examiner noted the Veteran's reports of "a pushing/pressure area in the right groin and sciatic," with stability issues requiring the use of a cane. Regarding the Veteran's left lower extremity, the examiner noted the Veteran's reports of "constant" pain in the left. Moreover, the examiner noted severe constant pain, paresthesias, and numbness in the right lower extremity as well as moderate paresthesias and numbness in the left lower extremity. Despite this, the examiner concluded that the Veteran had moderate right lower extremity sciatica and mild left lower extremity sciatica. The Veteran testified during the February 2022 hearing that the November 2018 VA examination did not reflect the full extent of his flare-ups and that his lower extremity radiculopathy has worsened since the November 2018 VA examination. Considering the allegation of worsening and the duration of the intervening period between his last examination and when the allegation of worsening was made, a contemporaneous examination to assess the lower extremity radiculopathy is necessary. See Snuffer v. Gober, 10 Vet. App. 400 (1997). Additionally, the record indicates that the Veteran receives regular and ongoing VA treatment and the Board notes that the most recent VA treatment records in the file date from March 2019. Any VA treatment records are within VA's constructive possession, and are considered potentially relevant to the issues on appeal. A remand is therefore required to allow VA to obtain them. The matters are REMANDED for the following action: 1. Obtain complete VA treatment records from March 2019 to present. 2. After the development in (1) above, schedule the Veteran for an appropriate VA examination to determine the current level of severity of his bilateral lower extremity radiculopathy. The examiner should review the file and provide a complete rationale for all opinions expressed. 3. If upon completion of the above action the appeal remains denied, the case should be returned to the Board after compliance with appellate procedures. T. V. CASEY Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Y. Akkad 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.