Citation Nr: 21003735
Decision Date: 01/22/21	Archive Date: 01/22/21

DOCKET NO. 15-06 102
DATE: January 22, 2021

REMANDED

An initial rating in excess of 10 percent disabling for DDD of the lumbar spine prior to February 5, 2019; and in excess of 20 percent thereafter.

REASONS FOR REMAND

The Veteran served on active duty from July 2004 to February 2005, May 2006 to July 2006, and October 2007 to February 2008, including a prior period of inactive duty training (INACDUTRA).

The case is on appeal from a February 2014 rating decision.

The claim was last before the Board in May 2018.  At that time, the Board remanded the issue of entitlement to a rating in excess of 10 percent for DDD of the lumbar spine for further development.  While the case was on appeal, the RO granted an increased rating for DDD of the lumbar spine in April 2020, effective February 5, 2019.

An initial rating in excess of 10 percent disabling for DDD of the lumbar spine prior to February 5, 2019; and in excess of 20 percent thereafter.

The Board notes that additional relevant evidence has been added to the record since the July 2020 supplemental statement of the case (SSOC).  The Board sent the Veteran a November 2020 waiver request letter.  No response has been received.  The November 2020 waiver request letter specifically notified the Veteran and his representative that if he did not respond within 45 days from the date of the letter, the Board would remand his appeal to the agency of original jurisdiction (AOJ) for initial consideration of the additional evidence.  No response or waiver has been received.  Therefore, the Board remands the issues for AOJ review.  See 38 C.F.R. § 19.31, 19.37.

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The matters are REMANDED for the following action:

Readjudicate the claims for an initial rating in excess of 10 percent disabling for DDD of the lumbar spine and a rating in excess of 20 percent from February 5, 2019, for DDD of the lumbar spine in accordance with 38 C.F.R. § 19.29, with full consideration of all evidence received since the July 2020 SSOC and return the case to the Board for further appellate consideration, if in order.

 

 

RYAN T. KESSEL

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.