Citation Nr: 21061990 Decision Date: 10/06/21 Archive Date: 10/06/21 DOCKET NO. 17-02 046 DATE: October 6, 2021 REMANDED Entitlement to an evaluation in excess of 20 percent disabling for service-connected lumbar spondylosis with degenerative arthritis, spinal stenosis, and intervertebral disc syndrome (IVDS) prior to May 14, 2020, and in excess of 40 percent disabling, thereafter is remanded. Entitlement to an evaluation in excess of 10 percent disabling for service-connected left lower lumbar radiculopathy of sciatic nerve prior to May 14, 2020, and in excess of 20 percent disabling, thereafter is remanded. REASONS FOR REMAND The Veteran had honorable active-duty service with the United States Army from August 1985 to September 1985. He had additional service in the Army National Guard. This matter is before the Board of Veterans' Appeals (Board) on appeal from rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO). Pursuant to an April 2019 Board decision, this matter was remanded for additional development. As the requested development is now complete, this matter has been returned to the Board for appellate consideration. Regrettably, the Board finds that an additional remand is required. In accordance with the Board's remand decision, a VA examination was conducted in April 2020. A disability benefits questionnaire was also associated with the record in January 2020. Review of the record indicates that the RO's most recent supplemental statement of the case (SSOC) was issued in August 2020. Thereafter, an additional VA examination of the lumbar spine and bilateral hips was conducted in March 2021. The same month, the RO issued a Rating Decision which increased the assigned evaluation for the Veteran's service-connected lumbar spondylosis with degenerative arthritis, spinal stenosis and IVDS from 20 percent disabling to 40 percent disabling, effective May 14, 2020. The assigned evaluation for left lower lumbar radiculopathy of sciatic nerve was similarly increased from 10 percent disabling to 20 percent disabling, effective May 14, 2020. The decision also granted service connection for right lower lumbar radiculopathy of sciatic nerve with an assigned evaluation of 20 percent disabling, effective May 14, 2020. Following issuance of the March 2020 Rating Decision, the record confirms that an additional VA examination of the lumbar spine and hips was conducted in May 2021 and July 2021. When additional pertinent evidence is received after a SOC or the most recent SSOC has been issued, a remand is required as an SSOC must be furnished to the claimant. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.31 (2020). 1. Entitlement to an evaluation in excess of 20 percent disabling for service-connected lumbar spondylosis with degenerative arthritis, spinal stenosis, and intervertebral disc syndrome (IVDS) prior to May 14, 2020, and in excess of 40 percent disabling, thereafter is remanded. Although the further delay entailed by remand is regrettable, current adjudication of the Veteran's claims would be premature. Undertaking additional development prior to a Board decision is the only way to ensure compliance with the duty to assist, as required. 38 U.S.C. § 5103A (2012); 38 C.F.R. § 3.159 (2020). The Veteran contends that he is entitled to an increased evaluation for his service-connected lumbar spine condition. As noted above, additional evidence has been associated with the claim's file since the most recent SSOC was issued in August 2020. In addition to a subsequent rating decision, additional VA medical opinions, dated March 2021, May 2021 and July 2021 were submitted. As the RO has yet to issue an SSOC which specifically addresses this evidence, this claim is remanded for issuance of an SSOC. 2. Entitlement to an evaluation in excess of 10 percent disabling for service-connected left lower lumbar radiculopathy of sciatic nerve prior to May 14, 2020, and in excess of 20 percent disabling, thereafter is remanded. The Veteran contends that he is entitled to an increased evaluation for his service-connected left lower extremity lumbar radiculopathy sciatic nerve condition. The Board incorporates by reference the arguments listed in Section 1. Accordingly, this claim is also remanded. The matters are REMANDED for the following action: 1. The RO or the (agency of original jurisdiction) AOJ should review new medical evidence related to the Veteran's increased ratings claims, to include the March 2021, May 2021, and July 2021 VA examinations. 2. Thereafter, re-adjudicate the Appellant's claims. If any benefit sought remains denied, provide the Veteran with a supplemental statement of the case and an adequate opportunity to respond before returning the matter to the Board for further adjudication, if otherwise in order. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires all claims remanded by the Board or by the United States Court of Appeals for Veterans Claims to be handled in an expeditious manner. See 38 U.S.C. §§ 5109B, 7112. B. MULLINS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board N. Whitaker, 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.