"The purpose of § 3.157(b)(1) is to avoid requiring a veteran to file a formal claim for an increased disability rating where the veteran's disability is already service connected and the findings of a VA report of examination or hospitalization demonstrate that the disability has worsened. Massie v. Shinseki, 25 Vet. App. 123, 132 (2011)."
Vync and Buck52
In May of 1994 I was awarded 10% under the general rating scale for ROM lumbar and 20% for radiculopathy lower left extremity.
In November 2014 I was assigned a 60% evaluation under diagnostic code 5243 for intervertebral disc syndrome based on incapacitating episodes. I was also assigned a seperate compensable evaluation for left lower extremity lumbar spine radiculopathy of 20%. These two ratings along with another rating of 10% for tenitus brought a combined evaluation of 70%.After a recent C&P Feb 24th of this year(2016) I had a combined ROM of 80* as well as moderate/severe radiculopathy in my left leg and moderate radiculopathy in my right leg. I again had a 60% evaluation under diagnostic code 5243 based on incapacitating episodes due to 3 recent lumbar minor surgeries. My combined rating was continued at the 70%. My VSO noted that the right radiculopathy was never mentioned in the Decision Letter. We submitted VA 21-526EZ on April 18, 2016 as well as VA 21-4138.
So if I'm understanding this correctly, is this 38 CFR 3.157 (b) saying being that my original date of disability was actually in 94 and this disability has progressively gotten worse both in ROM and now Bi-lateral radiculopathy, that I SHOULD be eligible for the SEPARATE rating of the Bi-lateral radiculopathy and that wouldn't be considered PYRAMIDING?