Citation Nr: 18157342 Decision Date: 12/13/18 Archive Date: 12/12/18 DOCKET NO. 12-12 986 DATE: December 13, 2018 REMANDED 1. Entitlement to an initial disability rating for lumbar spine degenerative disc disease with intervertebral disc syndrome in excess of 20 percent prior to July 5, 2016, and in excess of 60 percent on and after July 5, 2016; to include whether separate ratings are warranted for bowel incontinence and urinary incontinence, excluding the period of established ratings from July 5, 2016 to September 1, 2018, is remanded. 2. Entitlement to an initial compensable evaluation for bowel incontinence associated with lumbar spine degenerative disease with intervertebral disc syndrome from July 5, 2016 to September 1, 2018 is remanded. 3. Entitlement to an initial compensable evaluation for urinary incontinence associated with lumbar spine degenerative disease with intervertebral disc syndrome from July 5, 2016 to September 1, 2018 is remanded. REASONS FOR REMAND The Veteran had active duty service in the United States Army from May 1981 to October 1987, and a period of active duty for training (ACDUTRA) from August 1990 to December 1990. He also had active duty service in the United States Navy from October 1987 to May 1988. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a May 2010 rating decision. In a September 2017 decision, the Board remanded the case to the Agency of Original Jurisdiction (AOJ) to schedule the Veteran for a Board hearing. The Veteran subsequently testified at a videoconference hearing before the undersigned Veterans Law Judge in March 2018. The May 2010 rating decision granted entitlement to service connection for lumbar spine degenerative disc disease and assigned an initial evaluation of 20 percent effective from April 15, 2008. The rating decision also granted entitlement to service connection for right lower extremity radiculopathy associated with the lumbar spine degenerative disc disease and assigned a 10 percent rating effective from April 15, 2008. During the pendency of the Veteran’s appeal, a February 2017 Decision Review Officer (DRO) decision recharacterized the disability as lumbar spine degenerative disc disease with intervertebral disc syndrome and increased the disability rating to 60 percent effective from July 5, 2016. The DRO decision also increased the right lower extremity radiculopathy rating to 20 percent effective from July 5, 2016. In addition, the DRO decision granted entitlement to service connection for bowel incontinence, urinary incontinence, and erectile dysfunction, determining that these disabilities were associated with the Veteran’s lumbar spine degenerative disc disease with intervertebral disc syndrome. Each disability was assigned a As the Veteran has not expressed disagreement with the initial disability ratings or effective dates assigned for right lower extremity radiculopathy or erectile dysfunction, these issues are not before the Board at this time. See Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997). Regarding the Veteran’s separate ratings for bowel and urinary incontinence, the February 2017 DRO decision stated that the noncompensable evaluations were only being assigned temporarily until a VA examination could be scheduled to assess the severity of the disabilities. After VA examinations related to these disabilities were conducted in March 2017, a March 2017 DRO decision proposed to sever entitlement to service connection for bowel and urinary incontinence based on the examination findings. A subsequent June 2018 rating decision severed service connection for both disabilities effective September 1, 2018. At his March 2018 Board hearing, the Veteran indicated he was not satisfied with the ratings for bowel and urinary incontinence during the period when service connection was established, and he felt that he was still entitled to separate ratings for these disabilities during the remainder of the appeal period. As these ratings involve neurologic manifestations of the Veteran's lumbar spine disability, the Board finds that the issues of entitlement to higher initial ratings for bowel and urinary incontinence are currently before the Board as part of the Veteran’s increased rating claim for his lumbar spine disability. See 38 C.F.R. § 4.71a, General Rating Formula for Diseases and Injuries of the Spine, Note (1). 1. Entitlement to an initial disability rating for lumbar spine degenerative disc disease in excess of 20 percent prior to July 5, 2016, and in excess of 60 percent on and after July 5, 2016, to include whether separate ratings are warranted for bowel incontinence and urinary incontinence, excluding the period of established ratings from July 5, 2016 to September 1, 2018; entitlement to an initial compensable evaluation for bowel incontinence associated with lumbar spine degenerative disease with intervertebral disc syndrome from July 5, 2016 to September 1, 2018; and entitlement to an initial compensable evaluation for urinary incontinence associated with lumbar spine degenerative disease with intervertebral disc syndrome from July 5, 2016 to September 1, 2018 are remanded. The record shows that after the March 2017 supplemental statement of the case, additional evidence relevant to the Veteran’s claim was associated with the record, including VA examinations dated in March 2017, Disability Benefits Questionnaires (DBQs) dated in April 2018, VA treatment records dated from March 2009 to May 2018, and a May 2018 VA medical opinion. In a September 2018 letter, the Board requested that the Veteran provide a waiver of the AOJ’s initial review of this evidence. However, the Veteran responded in November 2018 that he wanted the case to be remanded to the AOJ for review of the additional evidence. A remand is therefore required. As a decision on the Veteran’s increased rating claim for his lumbar spine disability could impact the appeal period for his increased rating claims for bowel and urinary incontinence, the Board finds that the claims are inextricably intertwined. Harris v. Derwinski, 1 Vet. App. 180 (1991). In addition, a July 2008 VA examination reported that the Veteran received Social Security Administration (SSA) disability benefits. However, the claims file does not include any associated records. Therefore, on remand, the AOJ should attempt to obtain any such records. See Murincsak v. Derwinski, 2 Vet. App. 363 (1992); Golz v. Shinseki, 590 F.3d 1317 (Fed. Cir. 2010). The matter is REMANDED for the following action: 1. The AOJ should request that the Veteran provide the names and addresses of any and all health care providers who have provided treatment for his lumbar spine disability. After acquiring this information and obtaining any necessary authorization, the AOJ should obtain and associate these records with the claims file. The AOJ should also secure any outstanding, relevant VA medical records, to include records from the VA Palo Alto Health Care System dated since May 2018. 2. The AOJ should obtain a copy of any decision to grant or deny SSA benefits to the Veteran and the records upon which that decision was based and associate them with the claims file. If the search for such records has negative results, the claims file should be properly documented as to the unavailability of those records. 3. The case should then be readjudicate by the AOJ, including all evidence received since the March 2017 supplemental statement of the case. If the benefit sought is not granted, the Veteran and his representative should be furnished a supplemental statement of the case and be afforded a reasonable opportunity to respond before the record is returned to the Board for further review. GAYLE STROMMEN Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD K.C. Spragins, Associate Counsel