Citation Nr: 20043497
Decision Date: 06/26/20	Archive Date: 06/26/20

DOCKET NO. 15-40 636
DATE: June 26, 2020

REMANDED

Entitlement to an effective date earlier than April 4, 2014 for the grant of a separate rating of 10 percent for left lower extremity radiculopathy associated with a service-connected thoracolumbar spine disability is remanded.

Entitlement to an effective date earlier than April 4, 2014 for the grant of an increased rating of 20 percent for a service-connected thoracolumbar spine disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1973 to June 1977.  

This appeal comes to the Board of Veterans’ Appeals (Board) from an April 2014 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).  The Veteran died in November 2017, and the RO has found the appellant to be a substitute party.  In June 2020, VA received a request from the appellant that the Board remand these matters to the Agency of Original Jurisdiction (AOJ) for consideration of additional evidence in the first instance.

The matters are REMANDED for the following action:

1. The AOJ should contact the appellant and all current representatives and request their assistance in identifying any outstanding relevant records.  The AOJ should make reasonable attempts to obtain all identified outstanding records and associate them with the Veteran’s claims file.

2. After completing the above action and any other necessary development, the claims must be readjudicated.  If a claim remains denied, a Supplemental Statement of the Case must be provided to the appellant and current representatives.  After the appellant has had adequate opportunity to respond, the appeal must be returned to the Board for appellate review.

 

 

C. TRUEBA

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Michael Duffy, Associate 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.