Citation Nr: 18144822
Decision Date: 10/25/18	Archive Date: 10/25/18

DOCKET NO. 16-42 578
DATE:	October 25, 2018
REMANDED
Entitlement to an initial compensable rating for degenerative arthritic changes of the lumbar spine is remanded.
REASONS FOR REMAND
The Veteran served on active duty from March 2003 to March 2004, October 2004 to October 2005, January 2009 to November 2009, April 2010 to February 2011, and April 2011 to January 2012.   
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2015 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Winston Salem, North Carolina. 
Entitlement to an initial compensable rating for degenerative arthritic changes of the lumbar spine is remanded.
The Veteran was last afforded a VA examination to assess the current nature and severity of her service-connected lumbar spine disability in April 2015, more than three years ago.  Since then, she has reported that her lumbar spine symptoms have increased in severity.  See August 2016 Substantive Appeal (via VA Form 9) (noting that she experiences “more frequent bouts of pain, weakness, and limited mobility” due to her service-connected lumbar spine disability).  Given the time since the last examination and possibility of worsening of her disability, the Veteran should be afforded a new VA examination to obtain pertinent information to assess the current nature and severity of her service-connected lumbar spine disability.  See Snuffer v. Gober, 10 Vet. App. 400 (1997); Caffrey v. Brown, 6 Vet. App. 377 (1994); VAOPGCPREC 11-95 (1995).
She has also identified outstanding clinical records pertinent to the present higher rating claim.  In an August 2016 correspondence, she has indicated that she received lumbar spine treatments from three private medical providers, C.O., W.W.H., and W.M., all located in North Carolina.  The AOJ should attempt to obtain these records.
The matter is REMANDED for the following action:
1.  Obtain any outstanding private clinical records relevant to the Veteran’s claim, to include from C.O., W.W.H., and W.M., as identified in the August 2016 correspondence.  
2.  Update the Veteran’s VA treatment records.  
3.  Schedule the Veteran for an appropriate VA examination to determine the current nature and severity of her service-connected degenerative arthritic changes of the lumbar spine.  The record, to include a copy of this remand, must be made available to and be reviewed by the examiner, and the examination report should note that review.  Any indicated evaluations, studies, and tests should be conducted. 
All opinions expressed must be accompanied by supporting rationale.
4.  After completing the above, and any other development as may be indicated, the AOJ is to readjudicate the claim based on the entirety of the evidence of record.  If the claim remains denied, the Veteran and her representative should be issued a supplemental statement of the case.  An appropriate period should be allowed for response.

 
MARJORIE A. AUER
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	S. Kim, Associate Counsel