Citation Nr: 1325893 Decision Date: 08/15/13 Archive Date: 08/26/13 DOCKET NO. 11-22 502 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Denver, Colorado THE ISSUE Entitlement to an evaluation in excess of 40 percent for thoracolumbar degenerative joint and disc disease. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States ATTORNEY FOR THE BOARD S. Mishalanie, Counsel INTRODUCTION The Veteran served on active duty from December 1973 to May 1995. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Denver, Colorado. In addition to the paper claims file, there is a Virtual VA electronic claims file associated with the Veteran's claim. The Virtual VA file has been reviewed in conjunction with the disposition of the issue on appeal. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the appellant if further action, on his part, is required. REMAND In a February 2013 statement, the Veteran indicated that his back disability had worsened and that he had received treatment the previous week at Peterson Air Force Base and was scheduled for physical therapy. Treatment records from that facility have only been obtained through August 2011. Therefore, the Veteran's ongoing treatment records should be obtained. Moreover, the Veteran's most recent VA examination was provided in June 2011. In light of his statement and ongoing treatment, an additional VA examination is necessary for the purpose of ascertaining the current severity and manifestations of the Veteran's service-connected back disability. Accordingly, the case is REMANDED for the following actions: 1. The RO/AMC should request that the Veteran provide the names and addresses of any and all health care providers who have provided treatment for his spine disability. After acquiring this information and obtaining any necessary authorization, the RO/AMC should obtain and associate these records with the claims file. A specific request should be made for any outstanding treatment records from Peterson Air Force Base dated from August 2011, including physical therapy records. 2. Thereafter, the RO/AMC should schedule the Veteran for a VA examination to ascertain the current severity and manifestations of his service-connected thoracolumbar degenerative joint and disc disease. Any and all studies, tests, and evaluations deemed necessary by the examiner should be performed. The examiner is requested to review all pertinent records associated with the claims file and to comment on the severity of the Veteran's service-connected spine disability. The examiner should report all signs and symptoms necessary for rating the Veteran's disability under the rating criteria. In particular, the examiner should provide the range of motion of the lumbar spine in degrees and indicate whether there is any form of ankylosis. He or she should also state the total duration of the incapacitating episodes over the past 12 months and identify all neurological manifestations of the disability. The presence of objective evidence of pain, excess fatigability, incoordination, and weakness should also be noted, as should any additional disability due to these factors. A clear rationale for all opinions would be helpful and a discussion of the facts and medical principles involved would be of considerable assistance to the Board. 3. After completion of the above and any additional development deemed necessary, the issue on appeal should be reviewed with consideration of all applicable laws and regulations. If any benefit sought on appeal remains denied, the Veteran and his representative should be furnished an appropriate supplemental statement of the case and be afforded the opportunity to respond. The appellant has the right to submit additional evidence and argument on the matter or matters 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 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). _________________________________________________ JESSICA J. WILLS 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).