Citation Nr: 21061615 Decision Date: 10/04/21 Archive Date: 10/04/21 DOCKET NO. 15-04 483 DATE: October 4, 2021 REMANDED The issue of a rating in excess of 10 percent for degenerative arthritis of the lumbar spine with intervertebral disc syndrome prior to June 27, 2018 is remanded. The issue of a rating in excess of 20 percent for degenerative arthritis of the lumbar spine with intervertebral disc syndrome prior to May 11, 2020 is remanded. The issue of a rating in excess of 60 percent for degenerative arthritis of the lumbar spine with intervertebral disc syndrome from May 11, 2020 is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1973 to August 1974, January 1991 to April 1991, May 1994 to October 2002, April 2003 to September 2003, and from November 2003 to February 2004. This matter comes before the Board of Veterans' Appeals (Board) from a June 2014 rating decision. In June 2018, the Veteran and his daughter testified at a Board videoconference hearing; a transcript of the hearing is associated with the claims file. In August 2018, the Board remanded the appeal to the agency of original jurisdiction (AOJ) for additional development. Thereafter, a December 2019 rating decision increased the assigned rating for the low back disability to 20 percent effective June 27, 2018. In a June 2020 Decision, the Board denied ratings in excess of 10 percent prior to June 27, 2018 and in excess of 20 percent prior to May 11, 2020 for the low back disability; the Board granted a 60 percent rating for the low back disability effective May 11, 2020. A June 2020 rating decision effectuated the Board's decision granting a 60 percent rating effective May 11, 2020. The Veteran appealed the Board's decision denying higher disability ratings than those assigned for his low back disability to the Court of Appeals for Veterans Claims (Court). In a March 2021 Order, the Court granted a Joint Motion for Partial Remand (Joint Motion), vacating the Board's decision to the extent it denied higher ratings than those assigned or awarded and remanding for additional proceedings. In an August 2021 letter, the Board notified the Veteran that the Veterans Law Judge who presided over the June 2018 hearing was no longer available to prepare a decision on the appeal. The Board offered him the opportunity to appear at another hearing. He responded that he did not wish to appear at another hearing. 1. The issue of a rating in excess of 10 percent for degenerative arthritis of the lumbar spine with intervertebral disc syndrome prior to June 27, 2018 is remanded. 2. The issue of a rating in excess of 20 percent for degenerative arthritis of the lumbar spine with intervertebral disc syndrome prior to May 11, 2020 is remanded. 3. The issue of a rating in excess of 60 percent for degenerative arthritis of the lumbar spine with intervertebral disc syndrome from May 11, 2020 is remanded. The parties to the Joint Motion agreed that the Board failed to comply with its duty to assist the Veteran in obtaining private and VA treatment records he had identified that were pertinent to his appeal for higher disability ratings for his low back disability. Since the June 2020 Board decision, some of the records identified were obtained in connection with other claims for VA compensation benefits. However, the AOJ should obtain the remaining outstanding private and VA treatment records as directed below. The matters are REMANDED for the following action: 1. With any necessary assistance from the Veteran, undertake reasonable efforts to obtain the following private treatment records: a) All records from pain specialist, D. Kim, M.D. b) All records from The Vancouver Clinic, including from the primary care physician, L. Yballe, M.D., since establishing care in September 2014. c) Any other records the Veteran identifies pertinent to evaluation or treatment for his low back disability that have not already been obtained or provided. 2. Obtain any outstanding treatment records from the following VA medical facilities: a) All records from the Vancouver, Washington VA Medical Center (VAMC) since establishing care. b) Any ongoing treatment records from the Portland, Oregon VAMC dating since December 2020. (Continued on the next page) c) Records of evaluation and treatment of the low back disability from any other VA medical facilities the Veteran identifies, dating from September 2012 (the year prior to receipt of his claim for an increased rating) to the present. K. Conner Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Laura Kirscher Strauss 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.