Citation Nr: 21004812
Decision Date: 01/28/21	Archive Date: 01/28/21

DOCKET NO. 14-24 149A
DATE: January 28, 2021

REMANDED

Entitlement to a rating in excess of 40 percent for service-connected left paracentral herniated nucleus pulposus (low back disability) is remanded.

Entitlement to a rating in excess of 40 percent for left lower extremity radiculopathy is remanded.

Entitlement to a rating in excess of 40 percent for right lower extremity radiculopathy is remanded.

REASONS FOR REMAND

The appellant is a Veteran who served on active duty from January 1997 to September 2000.  

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2013 rating decision by the Louisville, Kentucky, Regional Office (RO) of the Department of Veterans Affairs (VA).  In July 2-15, the Veteran testified at a personal hearing before the undersigned Veterans Law Judge.  A copy of the transcript of that hearing is of record.  The case was remanded for additional development in May 2018 and January 2020.  

The Board notes that subsequent to the issuance of an April 2020, supplemental statement of the case additional pertinent medical evidence was added to the record.  Specifically, Social Security Administration (SSA) records, VA treatment records, and VA examination reports were added to the record in October 2020 that are relevant to the issues on appeal.  As such, due process requires further VA action prior to appellate review.

The matters are REMANDED for the following action:

After any additionally indicated development has been completed readjudicate the issues on appeal, reconsider the issues on appeal based upon the evidence added to the record since the April 2020 supplemental statement of the case.  If the benefits sought are not granted to the Veteran’s satisfaction, send the Veteran and his representative a Supplemental Statement of the Case and provide an opportunity to respond.  If necessary, return the case to the Board for further appellate review.

 

 

MICHAEL A. HERMAN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T. Douglas

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.