Citation Nr: 20042379 Decision Date: 06/23/20 Archive Date: 06/23/20 DOCKET NO. 14-02 463 DATE: June 23, 2020 REMANDED Entitlement to an initial evaluation in excess of 20 percent for lumbar spine degenerative disc disease and arthrosis prior to August 8, 2018, is remanded. Entitlement to an initial evaluation in excess of 10 percent for right lower extremity radiculopathy prior to August 8, 2018, is remanded. Entitlement to an initial evaluation in excess of 10 percent for left lower extremity radiculopathy prior to August 8, 2018, is remanded. Entitlement to an evaluation in excess of 60 percent for lumbar spine degenerative disc disease and arthrosis, to include bilateral lower extremity radiculopathy, on or after August 8, 2018, is remanded. Entitlement to a total disability rating based upon individual unemployability due to service-connected disabilities (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from April 1973 to October 1978. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a November 2013 rating decision. The Veteran testified at a hearing before the Board in May 2016; however, a transcript of that proceeding could not be produced due to technical difficulties. The Veteran was notified in July 2016 and was offered the opportunity for another hearing. The Veteran subsequently testified at a second hearing in September 2016 before the undersigned Veterans Law Judge. A transcript of that hearing has been associated with the record. In October 2017, the Board remanded the case for further development. That development was completed, and the case has since been returned to the Board for appellate review. In a March 2020 rating decision, the at the Agency of Original Jurisdiction (AOJ) increased the evaluation for lumbar spine degenerative disc disease and arthrosis, to include radiculopathy of the bilateral lower extremities (which were previously separately rated as radiculopathy of the left lower extremity and radiculopathy of the right lower extremity) from 20 percent disabling to 60 percent disabling, effective from August 8, 2018. Because that evaluation is less than the maximum award allowed under VA law and regulations, the claim for an increased evaluation remained on appeal. AB v. Brown, 6 Vet. App. 35, 38 (1993). Upon review, the Board finds that additional development is needed prior to adjudication of the claims. A review of the record shows that the Veteran has received private treatment for his lumbar spine disability. Specifically, in an October 2009 private physical therapy note included in the Veteran’s Social Security Administration (SSA) medical records, the Veteran indicated that he suffered an injury on-the-job that aggravated his low back injury from service. In a June 2011 VA treatment record, the Veteran reported that he was treated by private physicians through his private insurance prior to his job loss in 2010. In a June 2018 VA treatment record, the Veteran stated that he was referred to a private community rehabilitation provider for an evaluation of his low back pain and right hip and thigh numbness. Moreover, in a February 2019 VA treatment record, the Veteran related that he was evaluated by a private rehabilitation physician. However, these records have not been associated with the record. Therefore, on remand, the AOJ should attempt to obtain any outstanding private treatment records that may be available. The matters are 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 and bilateral lower extremity radiculopathy. A specific request should be made for any private treatment records pertaining to a work injury on July 30, 2009, and any private rehabilitation evaluations from a referral through the Veteran’s Choice Program dated between 2018 to 2019. See October 2009 private physical therapy note included in SSA medical records; June 2011, June 2018, February 2019 VA treatment records. 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 obtain any outstanding VA medical records. 2. After completing these actions, the AOJ should conduct any other development as may be indicated. J.W. ZISSIMOS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K. Osegueda, 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.