Citation Nr: 18146394
Decision Date: 10/31/18	Archive Date: 10/31/18

DOCKET NO. 16-29 747
DATE:	October 31, 2018
REMANDED
1. Entitlement to a disability rating in excess of 20 percent for lumbar strain with degenerative arthritis is remanded.
2. Entitlement to an initial disability rating in excess of 20 percent for radiculopathy of the lower left extremity is remanded.
3. Entitlement to an initial disability rating in excess of 20 percent for radiculopathy of the lower right extremity is remanded.
4. Entitlement to an initial disability rating in excess of 10 percent for limited extension of the left hip prior to May 17, 2016, and a compensable rating thereafter, is remanded.
5. Entitlement to a total disability evaluation based on individual unemployability (TDIU) due to service-connected disabilities is remanded.
REASONS FOR REMAND
The Board finds that remand is warranted to fully assist the Veteran with development of his claims.  Specifically, the record includes partial VA and private treatment records submitted by the Veteran’s representative in December 2017 and indicating that additional records are outstanding.  Further, in regard to the VA treatment records added to the record in December 2017, there is no indication that the Regional Office reviewed these records or that the Veteran waived such review.
The Board has added the issue of entitlement to a TDIU to this appeal because the Veteran noted in a June 2016 substantive appeal (VA Form 9) that her disabilities “have left [her] unable to obtain employment or to function normally.”  See Rice v. Shinseki, 22 Vet. App. 447 (2009).  As the claim for TDIU is inextricably intertwined with the claims for increased evaluations that are herein remanded, it is also remanded, pending adjudication of the Veteran’s increased rating claims.
The matters are REMANDED for the following actions:
1. Send VCAA notice for the claim for a TDIU and any related development (such as a VA Form 21-8940).
2. Obtain any outstanding VA treatment records and associate them with the claims file.
3. Ask the Veteran to complete a VA Form 21-4142 for any outstanding private treatment records, to specifically include, but not limited to, records from 1) Midwest Health Group, 2) Midwest Imaging Center, and 3) Mercy Hospital Jefferson.  Make two requests for the authorized records unless it is clear after the first request that a second request would be futile.
4. After all available evidence has been associated with the record; the AOJ should review the evidence and determine if further development is warranted. The AOJ should take any additional development as deemed necessary to include, if warranted, the provision of new examinations.
5. Thereafter, readjudicate the issues remaining on appeal and issue an SSOC, if appropriate. Then, return to the Board, if otherwise in order.
 
JEBBY RASPUTNIS
Acting Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	D. Cheng, Associate Counsel