Citation Nr: 18141537
Decision Date: 10/10/18	Archive Date: 10/10/18

DOCKET NO. 16-38 666
DATE:	October 10, 2018
REMANDED
The issue of entitlement to a rating higher than 10 percent, for lumbosacral disability, is remanded.
REASONS FOR REMAND
The Veteran served on active duty from February to July 1988, January to August 2003, and February 2006 to July 2008.      
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2011 rating decision issued by the U.S. Department of Veterans Affairs (VA) Regional Office (RO) in Seattle, Washington.  The case was later transferred to the VA RO in Houston, Texas.    
The Veteran has expressed interest in gaining service connection for lower extremity neurological disability related to service-connected lower back disability (see e.g., February 2010 statement).  Certain medical evidence indicates that he has degenerative and neurological disability related to lumbar spine disability (see e.g., July 2009 private medical report).  This issue has not been adjudicated by the RO so it is referred to the RO for appropriate development.  


The issue of entitlement to a rating higher than 10 percent, for lumbosacral disability, is remanded.
A remand is warranted for additional development.  
The Veteran underwent VA examination into his claim in May 2016.  The examiner found no degenerative or neurological problems related to the back disability.  Private medical evidence indicates, however, that the Veteran has been diagnosed with lumbar degenerative changes and intervertebral disc syndrome.  Further, in a June 2016 statement, the Veteran asserted that he had been recently diagnosed with “facet arthrosis” in the lumbar spine.  Inasmuch as the claims file does not contain medical evidence noting this diagnosis, a remand is warranted.
A remand is also warranted because the issue on appeal is inextricably intertwined with the issue referred to the RO, regarding service connection for neurological disability.  To properly rate the back disability, questions surrounding any related neurological disability must be resolved.  VA is directed to evaluate orthopedic disability separately with any associated objective neurologic abnormalities under an appropriate diagnostic code, and then combine the separate ratings under         38 C.F.R. § 4.25.  See 38 C.F.R. § 4.71a, Diagnostic Codes 5235-43, Note (1).  Inasmuch as substantial lay and medical evidence of record indicates lower extremity neurological disability associated with back disability, a decision regarding back disability should be suspended until the issue regarding neurological disability has been finally resolved.  See Smith v. Gober, 236 F.3d. 1370 (Fed. Cir. 2001).  
The matter is REMANDED for the following action:
1. Undertake appropriate development to obtain any outstanding records pertinent to the Veteran’s claim.  Include in the record any outstanding VA treatment records, the most recent of which are dated in June 2016.  
Attempt to obtain and include in the record the medical evidence referred to by the Veteran in July 2016, wherein he indicates that he had been diagnosed with “facet arthrosis” in the lumbar spine.  
All records/responses received must be associated with the electronic claims file.
2. Schedule a VA examination to determine the nature and severity of the service connected lumbar spine disability using the most recent DBQ examination form.  Any and all indicated studies deemed necessary by the examiner should be accomplished.  
3. Readjudicate the claim on appeal after the intertwined issue regarding lower extremity neurological disability has been finally decided. 

 
G. A. WASIK
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Christopher McEntee, Counsel