Citation Nr: 18156754
Decision Date: 12/10/18	Archive Date: 12/10/18

DOCKET NO. 15-24 971
DATE:	December 10, 2018
REMANDED
The issue of whether the reduction in the Veteran’s disability rating for degenerative disc disease (DDD) of the lumbar spine from 20 percent disabling to 10 percent disabling, effective September 1, 2014, was proper is remanded.  
REASONS FOR REMAND
The Veteran had active duty service from January 2010 to September 2010. 
The Board must remand the matter on appeal to attempt to obtain outstanding treatment records.  In a July 2014 notice of disagreement (NOD), the Veteran asserted that outstanding medical treatment records existed but were not associated with the claims file.  Specifically, she indicated that she would be happy to provide treatment records that were more up to date than the August 2013 VA examination report, and that she was going through a six-month checkup for her lumbar spine disability.  She asserted that these treatment records would show progression of her lumbar spine disability and would also show that a reduction in the disability rating for this disability was not proper.  However, the record does not show that VA attempted to obtain these records.  
The Board notes that the most recent medical treatment record in the claims file for this disability is from October 2013.  As the Veteran has stated that treatment records, which pertain as to whether the Veteran’s lumbar spine disability had substantially improved within the timeframe that the reduction in the disability rating was effectuated, i.e., September 1, 2014, are outstanding, a remand is necessary to attempt to ascertain these medical records.  
The matter is REMANDED for the following action:
Request that the Veteran identify any outstanding private and/or VA treatment records for her DDD of the lumbar spine disability since October 2013.  See VBMS entry with document type, “NOD,” receipt date 07/17/2014, at pages 1 and 2.  Provide the Veteran with the necessary authorization forms, attempt to obtain any identified records, and document any negative responses received.  
 
A. P. SIMPSON
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A. Hodzic, Counsel