Citation Nr: 21004158
Decision Date: 01/26/21	Archive Date: 01/26/21

DOCKET NO. 08-06 562
DATE: January 26, 2021

REMANDED

Entitlement to an initial rating in excess of 10 percent for lumbosacral intervertebral disc syndrome (IVDS), prior to December 19, 2008, in excess of 20 percent from December 19, 2008, to May 17, 2010, and in excess of 40 percent, thereafter, is remanded.

Entitlement to an initial rating in excess of 10 percent for right lower extremity radiculopathy, prior to May 17, 2010, in excess of 20 percent from May 17, 2010, to August 30, 2012, and in excess of 40 percent, thereafter, is remanded.

Entitlement to an initial rating in excess of 10 percent for left lower extremity radiculopathy, prior to May 17, 2010, in excess of 20 percent from May 17, 2010, to August 30, 2012, and in excess of 40 percent, thereafter, is remanded.

REASONS FOR REMAND

The Veteran’s claims were remanded by the Board in August 2017.  The agency of original jurisdiction (AOJ) completed the requested development and issued a supplemental statement of the case (SSOC) in September 2018.  

Subsequently additional relevant private medical records were obtained.  Furthermore, the Veteran was provided a new VA examination of the thoracolumbar spine in October 2019.  This evidence has not been reviewed by the AOJ.

In August 2020 the Board wrote to the Veteran to inform him that additional relevant evidence had been obtained regarding his claims and asked him if he wished to waive AOJ consideration of the new evidence.  The letter noted that if nothing was heard from the Veteran within 45 days, his appeal would be remanded to the AOJ for review of the new evidence.  The Veteran has not responded, and more than 45 days have passed.  Consequently, his claims are remanded to the AOJ for review.   

The matters are REMANDED for the following action:

1. Readjudicate the Veteran’s claims based on the newly obtained medical evidence.

2. If the claims cannot be granted, issue the Veteran a supplemental statement of the case and provide appropriate time for the Veteran and his representative to respond.  

 

 

Lila J. Bakke

Acting Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.