Citation Nr: 1322903	
Decision Date: 07/18/13    Archive Date: 07/24/13

DOCKET NO.  10-06 573	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Los Angeles, California


THE ISSUE

Entitlement to a rating in excess of 10 percent for disc disease L4-L5 and L5-S1 with minimal scoliosis, claimed as scoliosis.  (back condition)


REPRESENTATION

Veteran represented by:	California Department of Veterans Affairs


ATTORNEY FOR THE BOARD

Andrea Johnson, Associate Counsel


INTRODUCTION

The Veteran had active military service from July 1999 to August 2005.

This appeal comes to the Board of Veterans' Appeals (Board) from a March 2009 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Los Angeles, California.

The Board must note that in reviewing this case the Board has not only reviewed the Veteran's physical claims file, but also his file on the "Virtual VA" system to ensure a total review of the evidence.

The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC.  VA will notify the Veteran if further action is required.


REMAND

In November 2008 the Veteran filed a claim seeking an increased rating for his service-connected back condition, currently rated at 10 percent.  Included in the claims file are VA treatment records, limited private treatment records, and the report from a February 2009 VA examination.  However review of the evidence of record suggests the presence of additional relevant records which are not associated with the Veteran's claims file.  

Specifically, in an October 2007 VA treatment record the Veteran indicated he receives treatment from a private chiropractor, suggesting continued treatment.  However, the only private records included in the file, those from Cerritos College, are only through August 2006, before the period on appeal.  

In addition in his February 2010 substantive appeal the Veteran stated a procedure was performed on his back in March 2008.  The record includes an itemized bill from Back in Action from March 2008 for decompression and electrical muscle stimulation, but does not include any medical records associated with this procedure.  Treatment records from a private chiropractor and medical records associated with the March 2008 procedure would be highly probative in resolving the Veteran's claim for an increased rating for his back condition.  As such, remand is required to obtain these records.  38 U.S.C.A. § 5103A(b).

Finally, the VA examination of record is from February 2009, over four years ago.  As such a new examination is needed to more accurately reflect the current status of the Veteran's back condition.

Accordingly, the case is REMANDED for the following action:

1.  Obtain copies of all private chiropractic treatment the Veteran has received.  All efforts to obtain these private records should be fully documented, and a negative response must be provided if records are not available.  The Veteran himself should submit these records in order to expidite his case with the Board.    

2.  Obtain copies of any medical records associated with the Veteran's March 2008 back procedure, including any records from "Back in Action".  All efforts to obtain these private records should be fully documented, and a negative response must be provided if records are not available.  Again, the Veteran himself should submit these records in order to expidite his case with the Board.    

3.  After completing the foregoing, provide the Veteran with a VA examination to evaluate the nature and severity of his service-connected back condition.  The claims folder must be made available to the examiner for review in conjunction with the examination.  Any required tests and studies must be accomplished, and clinical findings must be reported in detail and correlate to a specific diagnosis.  The rationale for all opinions expressed must be provided.  If an opinion cannot be provided without resort to speculation, it must be noted in the examination report, and a rationale provided.

4.  Then readjudicate the appeal.  If the increased rating claim remains denied, provide the Veteran and his representative with a supplemental statement of the case and allow an appropriate time for response.

The Veteran has the right to submit additional evidence and argument on the matter the Board has remanded.  Kutscherousky v. West, 12 Vet. App. 369 (1999).

This claim must be afforded expeditious treatment.  The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner.  See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2012).


_________________________________________________
JOHN J. CROWLEY
Veterans Law Judge, Board of Veterans' Appeals

Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims.  This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal.  38 C.F.R. § 20.1100(b) (2012).