Citation Nr: 18141878
Decision Date: 10/11/18	Archive Date: 10/11/18

DOCKET NO. 16-20 080
DATE:	October 11, 2018
REMANDED
Entitlement to a rating in excess of 40 percent for a lumbar spine disability prior to May 15, 2014, and in excess of 20 percent thereafter, is remanded.
REASONS FOR REMAND
1. Entitlement to a rating in excess of 40 percent for a lumbar spine disability prior to May 15, 2014, and in excess of 20 percent thereafter is remanded.
The claims file includes VA and private treatment records through June 2016.  On remand, any outstanding private and VA treatment records should be associated with the record.
In addition, VA has a duty, when appropriate, to conduct a thorough and contemporaneous examination of the Veteran that considers records of prior examinations and treatment.  See Green v. Derwinski, 1 Vet. App. 121 (1991).  A review of the claims file reveals that the Veteran was afforded a VA examination for her lumbar spine disability in May 2014 – over 4 years ago.  In addition, the Veteran asserts that the May 2014 VA examination was completed without measuring tools, and her lumbar spine disability is more disabling than reflected in the examination report.  See June 2015 Notice of Disagreement.  As such, a current examination is necessary.  See Caffrey v. Brown, 6 Vet. App. 377, 381 (1995) (VA was required to afford a contemporaneous medical examination where examination report was approximately two years old).
The matter is REMANDED for the following actions:
1. Contact the Veteran and ask that she provide a release for VA to secure records of treatment she received from any private medical treatment providers not already associated with the record.  The Veteran is to be notified of any unsuccessful efforts in this regard, to allow her the opportunity to obtain and submit those records for VA review
2. Obtain the Veteran’s VA treatment records from June 2016 to present.
3. Arrange for the Veteran to undergo a VA examination to determine the current severity of her lumbar spine disability.
4. Readjudicate the appeal. 
 
R. FEINBERG
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	J.A. Williams, Associate Counsel