Citation Nr: 18156723
Decision Date: 12/11/18	Archive Date: 12/10/18

DOCKET NO. 15-15 829
DATE:	December 11, 2018
REMANDED
Entitlement to a rating in excess of 40 percent for degenerative changes of the lumbosacral spine is remanded.
REASONS FOR REMAND
The Veteran served on active duty from September 1988 to August 1990.  
This matter comes before the Board of Veterans’ Appeals (Board) on appeal of a May 2010 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Decatur, Georgia. 
The issue of service connection for a thoracic spine disability has been raised and is REFERRED to the RO.
The Board notes that since the March 2015 Statement of the Case (SOC) additional  VA treatment and compensation and pension examinations related to the lumbar spine disability have been associated with the claims file. Specifically, the Veteran was afforded a VA examination in March 2015, approximately two weeks after the issuance of the SOC.  Thereafter, in June 2018, a VA clinician reviewed the claims file, including the Veteran’s complete VA treatment records, and completed a Medical Opinion Disability Benefits Questionnaire (DBQ).  Because this evidence was added to the claims file by VA, not submitted by the Veteran or his representative, the Veteran cannot waive initial AOJ review of this evidence.  See 38 U.S.C. § 7105 (e); see also VA Fast Letter 14-02 (May 2, 2014).  Therefore, on remand, the claim must be readjudicated considering all of the evidence added to the record since the last adjudication. 
Accordingly, the matter is REMANDED for the following action:
After completing any additional development, the AOJ should readjudicate the issue of entitlement to an increased evaluation in excess of 40 percent for degenerative changes of the lumbosacral spine, with consideration of the additional evidence associated with the claims file since the March 2015 SOC, including the March 2015 and June 2018 VA examination reports.  If the benefit sought is not granted, the Veteran and his representative should be furnished a Supplemental Statement of the Case (SSOC) and be afforded a reasonable opportunity to respond before the record is returned to the Board for further review.

 
L. Chu
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Mahlet Makonnen, Law Clerk