Citation Nr: 18151172
Decision Date: 11/19/18	Archive Date: 11/16/18

DOCKET NO. 16-30 211
DATE:	November 19, 2018
REMANDED
Entitlement to a disability rating higher than 40 percent for chronic lumbar degenerative disc disease with right L5 radiculopathy is remanded.
Entitlement to a disability rating higher than 10 percent for peripheral neuropathy of the left lower extremity associated with diabetes mellitus with erectile dysfunction is remanded.
Entitlement to an initial disability rating higher than 10 percent for peripheral neuropathy of the right lower extremity associated with diabetes mellitus with erectile dysfunction is remanded.
REASONS FOR REMAND
The Veteran had active service from November 1982 to May 1986.
This matter is before the Board of Veterans’ Appeals (Board) on appeal from a Department of Veterans Affairs (VA) Regional Office (RO) rating decision dated November 2013.
The Veteran currently has ratings of 40 percent for his chronic lumbar degenerative disc disease with right L5 radiculopathy and 10 percent each for his bilateral lower extremity peripheral neuropathy associated with his service-connected diabetes mellitus.  He seeks higher ratings.
The Board finds additional development is needed.  In August 2016, subsequent to the issuance of the June 2016 statement of the case, the Veteran’s attorney submitted a private medical opinion from Forest Park Chiropractic and Acupuncture in Cincinnati, Ohio, where the Veteran was undergoing treatment in their office for his back pain radiating down his right leg.  As these private medical records are relevant to adjudicating the Veteran’s increased rating claims for both lumbar spine with radiculopathy and bilateral lower extremity peripheral neuropathy, VA has a duty to assist the Veteran in obtaining them.  38 U.S.C. § 5103A; 38 C.F.R. § 3.159(c).  The RO should also update the claims file with any Cincinnati VA Medical Center treatment records since April 2016 (the latest appearing in the electronic claims file).
Since it is necessary to remand to satisfy the duty to assist and obtain relevant private medical records, the RO should also take this opportunity to schedule the Veteran for VA examinations.  That will ensure the record is current and complete when it returns to the Board. 
The matters are REMANDED for the following action:
1. Obtain and associate with the record the Veteran’s complete VA medical records from April 2016 to the present.
2. Send the Veteran a letter asking him to identify and authorize VA to obtain all private treatment records from Forest Park Chiropractic and Acupuncture and any other private provider the Veteran has seen for any thoracolumbar spine or bilateral lower extremity radiculopathy / peripheral neuropathy-related conditions, and notifying him that, in the alternative, he can obtain these records and submit them to VA.  Document all efforts and any negative responses in the claims file.
3. Schedule orthopedic AND neurological examinations to evaluate the current severity of the Veteran’s lumbar spine condition with radiculopathy and bilateral lower extremity peripheral neuropathy.

 
MICHELLE L. KANE
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	D. Leamon, Associate Counsel