Citation Nr: 20043592
Decision Date: 06/29/20	Archive Date: 06/29/20

DOCKET NO. 16-57 924
DATE: June 29, 2020

REMANDED

Entitlement to an evaluation in excess of 20 percent disabling prior to November 1, 2019, and in excess of 40 percent thereafter for lumbosacral strain with degenerative disc disease and degenerative changes is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 1987 to January 1989 and June 1989 to December 1996.

In November 2018, the Board remanded the issues below on appeal for further development, and the case has since been returned to the Board.  The Board finds that the agency of original jurisdiction (AOJ) has not substantially complied with the remand directives.  See Stegall v. West, 11 Vet. App. 268, 271 (1998)

Entitlement to an evaluation in excess of 20 percent disabling prior to November 1, 2019, and in excess of 40 percent thereafter for lumbosacral strain with degenerative disc disease and degenerative changes is remanded.

This appeal stems from a September 2013 rating decision that continued a 10 percent evaluation for the issue on appeal. The Veteran was subsequently awarded a 20 percent evaluation, effective February 14, 2017, in a May 2017 Supplemental Statement of Case (SSOC) and after a November 2018 Board remand, was awarded a 40 percent evaluation, effective November 1, 2019, in an April 2020 rating decision. 

However, the Board notes that the associated April 2020 SSOC does not appear to address the full evidence of record prior to November 1, 2020 when determining whether the Veteran was entitled to an evaluation in excess of 20 percent disabling. Indeed, several VA examinations of record were not noted to have been reviewed in making the determination. Accordingly, a remand is required for the Agency of Original Jurisdiction (AOJ) to consider the full evidence of record during this appeal period in the first instance. 

The matters are REMANDED for the following action:

1. The AOJ is directed to adjudicate the issue of entitlement to an evaluation in excess of 20 percent disabling prior to November 1, 2019 for lumbosacral strain with degenerative disc disease and degenerative changes, to include review of the entire evidence of record during the appeal period noted to start on December 31, 2011, the date his claim for an increased rating was received. 

2. Thereafter, send the Veteran and his representative a SSOC that addresses the issue on appeal.  If the Veteran perfects an appeal by submitting a timely VA Form 9, the 

 

issue should be returned to the Board for further appellate consideration.

 

L. M. BARNARD

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	R.A. Elliott II, 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.