Citation Nr: 18154967
Decision Date: 12/04/18	Archive Date: 12/03/18

DOCKET NO. 14-29 641
DATE:	December 4, 2018
REMANDED
Entitlement to an initial disability rating for degenerative joint disease (DJD) of the thoracic spine in excess of 10 percent prior to April 17, 2017 is remanded.
Entitlement to a disability rating in excess of 20 percent for DJD of the thoracic spine from April 17, 2017 is remanded.
REASONS FOR REMAND
The Veteran served on active duty in the United States Navy from January 18, 1995 to July 17, 2001 and from March 9, 2003 to March 30, 2003.
This case comes before the Board of Veterans’ Appeals (Board) from a September 2002 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Roanoke, Virginia.  In the September 2002 rating decision, the RO granted service connection for “mechanical back syndrome” and assigned a disability rating of 10 percent effective July 19, 2001.  In a subsequent rating decision of April 2017, the RO recharacterized the disability as DJD of the lumbar spine and granted a rating of 20 percent, effective April 17, 2017.  As this increased disability rating did not constitute a full grant of the benefit sought, the issue remains in appellate status.  See AB v. Brown, 6 Vet. App. 35, 39 (1993).
Regrettably, a remand is necessary in this case to ensure that due process is followed and that there is a complete record upon which to decide the Veteran’s claim so that he is afforded every possible consideration.  38 U.S.C. § 5103A; 38 C.F.R. § 3.159. 
The Board notes that additional evidence has been associated with the Veteran’s claims file since the Agency of Original Jurisdiction’s (AOJ’s) issuance of a Supplemental Statement of the Case (SSOC) on April 27, 2017.  Specifically, this evidence consists of Social Security Administration (SSA) records submitted by the Veteran and medical records obtained by VA.
While the Board may consider the SSA records submitted by Veteran without a waiver signed by the Veteran, the Board is precluded from considering the medical records obtained by VA in the first instance without such a waiver.  See 38 U.S.C. §§ 20.1304(c); 7105(e).
Therefore, the Board remands the Veteran’s claims to allow the AOJ to have an opportunity to consider the totality of the post-April 27, 2017 records in the first instance.
The matters are REMANDED for the following action:
1. Evaluate the Veteran’s claims herein considering the evidence submitted after the issuance of the April 27, 2017 SSOC.
The Board draws especial attention to a July 2017 VA urinary system examination report; July 2017 SSA medical records; VA outpatient treatment records from 2014 to 2017; and VA “My Health Vet” records (associated with the claims file as a military personnel record).  All additional evidence that falls within the post-SSOC time frame must also be considered.
2. Upon completion of the above, readjudicate the claims in light of all pertinent evidence.  If the benefits sought remain denied, furnish an SSOC to both the Veteran and her representative.  An appropriate period of time should then be allowed for a response before the record is returned to the Board.
 
J.W. FRANCIS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	B. J. Komins, Associate Counsel