Citation Nr: 23014189
Decision Date: 03/09/23	Archive Date: 03/09/23

DOCKET NO. 18-35 070
DATE: March 9, 2023

REMANDED

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

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

REASONS FOR REMAND

The Veteran served on active duty from October 1993 to August 1997.

These matters come before the Board of Veterans' Appeals (Board) on appeal from a December 2017 rating decision issued by a Regional Office (RO) of the United States Department of Veterans Affairs (VA).

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

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

After review of the claim file, a supplemental statement of the case must be issued.

The Veteran submitted a claim in approximately October 2017. Subsequently, the RO issued a denial via a December 2017 rating decision, wherein they continued 20 percent ratings for the Veteran's right and left lower extremity lumbar radiculopathy of the sciatic nerve (diagnostic code 8520). The Veteran submitted a notice of disagreement in January 2018, requesting an increase for his lower extremity lumbar radiculopathy. The regional office issued a statement of case in May 2018. The Veteran then timely submitted his Form 9 in July 2018.

As a part of a separate claim, the Veteran was afforded a VA examination in January 2020. This VA examination measured the severity of the radiculopathy of his sciatic (diagnostic code 8520) and femoral (diagnostic code 8526) nerves. The examiner found that the Veteran's peripheral neuropathy of both the sciatic and femoral nerves was "moderate." The Board notes that the Veteran's bilateral lower extremity lumbar radiculopathy is rated under both diagnostic codes 8520 (sciatic nerve; at issue in this appeal) and 8526 (femoral nerve; the subject of the claim associated with the January 2020 VA examination).

After receiving this additional evidence regarding the Veteran's bilateral lower extremity sciatic (diagnostic code 8520) nerve at issue in the current appeal, the regional office did not readjudicate the claims and send the Veteran a supplemental statement of the case. While a January 2020 statement of case was issued, the statement of case addressed the Veteran's radiculopathy in his femoral nerves (diagnostic code 8526), not his sciatic nerves (diagnostic code 8520).  The Veteran did not submit any new evidence. As such, the Board concludes that a new supplemental statement of case should be issued addressing the severity of the Veteran's bilateral sciatic nerve disability currently on appeal.

If the Veteran desires, he is welcome to submit new evidence. 

The matters are REMANDED for the following action:

1. The regional office should issue a supplemental statement of case regarding the Veteran's claimed increase for his right and left lower extremity lumbar radiculopathies of his sciatic nerves (diagnostic code 8520). The supplemental statement of case should discuss the findings from the January 2020 VA examination.

2. If the Veteran submits any new evidence, please review it before issuing the supplemental statement of case.

 

 

David Gratz

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Jonah Nelson, Associate 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.