191007-41057, 191007-41057

Veteran served on active duty (Mar 1977–Jan 1988) and appealed a July 2019 AOJ rating decision via VA Form 10182 (Evidence Submission docket).
Relevant exams: Sept 2018 VA exam awarded 20% for left lower‑extremity radiculopathy (effective Dec 19, 2017); June 2019 VA exams: audiology testing for left ear and a radiculopathy exam that evaluated only the sciatic nerve and noted intermittent/mild findings but reported occasional cane use.
June 2019 AOJ reduced left lower‑extremity radiculopathy from 20% to 10% effective June 3, 2019; Veteran contested adequacy of the June 2019 exam and requested Board review.
Audiology (June 2019): left ear pure‑tone average 40 dB, CNC 100% left; results map to Level I in left ear and noncompensable under Table VII because right ear not service‑connected.
Board found the June 2019 radiculopathy exam incomplete (only sciatic nerve assessed), but on the record before the AOJ concluded the evidence did not show actual improvement in function and restored the 20% rating effective June 3, 2019.
Because the June 2019 exam omitted full nerve-by-nerve evaluation, the Board remanded the claim of entitlement to a rating in excess of 20% for a new, complete VA examination.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Compensable left‑ear hearing loss (increase)	Veteran reports difficulty understanding speech and needs repeats; requests compensable rating	VA relied on June 2019 audiometry (left PTA 40 dB, left CNC 100%) yielding Level I and noncompensable rating under Table VII	Denied—audiometric results produce Level I and noncompensable rating; lay complaints considered but schedule is mechanistic
Validity of reduction from 20% → 10% for left radiculopathy	Reduction was improper; June 2019 exam was inadequate and did not show true improvement	VA reduced rating based on June 2019 exam findings (intermittent/mild), and procedural notice under §3.105 not required because overall pay unchanged	Restoration granted—20% restored effective June 3, 2019 because evidence did not show actual improvement in ordinary life/work function
Entitlement to rating >20% for left radiculopathy	Veteran asserts greater severity; June 2019 exam was cursory and incomplete	VA record lacked complete nerve‑by‑nerve evaluation needed to adjudicate higher rating	Remanded—new, complete VA exam ordered to assess all relevant nerves and provide signs/symptoms for proper grading

Gaston v. Shinseki, 605 F.3d 979 (Fed. Cir. 2010) (defines appeal period for increased‑rating claims)
Lendenmann v. Principi, 3 Vet. App. 345 (1992) (audiometric testing controls hearing loss ratings)
Doucette v. Shulkin, 28 Vet. App. 366 (2017) (functional complaints are contemplated by the rating schedule)
Rossy v. Shulkin, 29 Vet. App. 142 (2017) (relates claimant testimony about hearing to regulatory framework)
Gilbert v. Derwinski, 1 Vet. App. 49 (1990) (preponderance of the evidence standard; reasonable doubt not for claimant when preponderance opposes)
Brown v. Brown, 5 Vet. App. 413 (1993) (rating reductions must be based on review of entire disability history)
Kitchens v. Brown, 7 Vet. App. 320 (1995) (five‑year stability rule for rating reductions)
Faust v. West, 13 Vet. App. 342 (2000) (rating reduction requires evidence of actual improvement in ordinary life/work function)
Barr v. Nicholson, 21 Vet. App. 303 (2007) (duty‑to‑assist requires adequate examination; inadequate exam is pre‑decisional error)