Citation Nr: 18147759
Decision Date: 11/06/18	Archive Date: 11/06/18

DOCKET NO. 16-32 389
DATE:	November 6, 2018
REMANDED
Whether the January 2018 reduction from 40 percent to 10 percent effective April 1, 2018, for a low back condition was proper is remanded.
Entitlement to an evaluation in excess of 10 percent from October 8, 2010, and in excess of 40 percent from April 4, 2016, for congenital stenosis, abnormal facet joint formation and L6S1 listhesis, status post Minimally Invasive Posterior Lumbar Transforaminal Interbody Fusion (MAST-TLIF) (hereinafter "low back condition") is remanded.
REASONS FOR REMAND
The Veteran served on a period of active duty in the United States Army Reserve from August 2006 to March 2007.
1. Whether the January 2018 reduction from 40 percent to 10 percent for a low back condition was proper is remanded.
Regarding the claim of whether the January 2018 reduction from 40 percent to 10 percent for a low back condition was proper, the Veteran submitted a timely notice of disagreement with a January 2018 rating decision, but a statement of the case has not yet been issued.  A remand is required for the Agency of Original Jurisdiction (AOJ) to issue a statement of the case.  38 C.F.R. § 20.200; Manlincon v. West, 12 Vet. App. 238, 240-41 (1999).
2. Entitlement to an evaluation in excess of 10 percent from October 8, 2010, and in excess of 40 percent from April 4, 2016, for a low back condition is remanded.
Finally, because a decision on the remanded issue of whether the January 2018 reduction from 40 percent to 10 percent for a low back condition was proper could significantly impact a decision on the issue of entitlement to an evaluation in excess of 10 percent from October 8, 2010, and in excess of 40 percent from April 4, 2016, for a low back condition, the issues are inextricably intertwined.  A remand is required.
The matters are REMANDED for the following action:
1. Send the Veteran and his representative a statement of the case that addresses the issue of whether the January 2018 reduction from 40 percent to 10 percent for a low back condition was proper.  If the Veteran perfects an appeal by submitting a timely VA Form 9, the issue should be returned to the Board for further appellate consideration.
2. After the above development, and any additionally indicated development, has been completed, readjudicate the issues on appeal, including the inextricably intertwined issues of entitlement to an evaluation in excess of 10 percent from October 8, 2010, and in excess of 40 percent from April 4, 2016, for a low back condition.  If the benefit sought is not granted to the Veteran’s satisfaction, send the Veteran and his representative a supplemental statement of the case and provide an opportunity to respond.  If necessary, return the case to the Board for further appellate review.
 
L. Barstow
Acting Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	J. Fowler, Associate Counsel