Citation Nr: 20002947
Decision Date: 01/14/20	Archive Date: 01/13/20

DOCKET NO. 06-38 193
DATE: January 14, 2020

REMANDED

Entitlement to an initial rating in excess of 10 percent for chronic mechanical low back syndrome is remanded.

Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from December 1978 to November 1980. He died in July 2016. The appellant is the Veteran’s surviving spouse who has been substituted as the claimant for these claims pending at the time of the Veteran’s death. See 38 U.S.C. § 5121A (2012). 

1. Entitlement to an initial rating in excess of 10 percent for chronic mechanical low back syndrome is remanded.

2. Entitlement to a TDIU rating is remanded.

Evidence indicates that there may be outstanding relevant VA treatment records. At the time of the Board’s review, the evidentiary record contains VA treatment records through July 2014, approximately two years prior to the death of the Veteran. The electronic claims file also contains a notice of VA hospital admission in June 2016 approximately one month prior to his death but no other records associated with this admission. As such, the evidence of record indicates that the Veteran has continued to receive VA treatment during the period on appeal.  Any VA treatment records are within VA’s constructive possession, and are considered potentially relevant to the issue on appeal.  A remand is required to allow VA to obtain them.

The matters are REMANDED for the following action:

Obtain the Veteran’s VA treatment records for the period from July 2014 to his death in July 2016.

 

 

K. J. ALIBRANDO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K. McDonald, Counsel

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.