Citation Nr: 21065289
Decision Date: 10/25/21	Archive Date: 10/25/21

DOCKET NO. 19-03 481A
DATE: October 25, 2021

REMANDED

Entitlement to a disability rating in excess of 20 percent for thoracolumbar strain is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the Marine Corps from June 2005 to June 2009, including service in Iraq.  The Veteran testified before the undersigned Veterans Law Judge during a March 2021 hearing and a transcript is of record.  This matter is on appeal from an October 2017 rating decision. 

1. Entitlement to a disability rating in excess of 20 percent for thoracolumbar strain is remanded.

The Veteran was last afforded a VA examination for his service-connected thoracolumbar strain in September 2017, four years ago.  During the March 2021 hearing, the Veteran testified that his low back symptoms have worsened since that time.  The record thus raises the possibility that the Veteran's service-connected thoracolumbar strain could now be more severe than the September 2017 examination report reflects.  "Where the record does not adequately reveal the current state of the claimant's disability, a VA examination must be conducted."  Schafrath v. Derwinski, 1 Vet. App. 589, 595 (1991).  A remand for a new examination is thus warranted.  

The matters are REMANDED for the following action:

1. Arrange for the Veteran to have an examination by an appropriate clinician for the purpose of determining the current severity of his thoracolumbar strain.  The electronic claims file must be made available to the clinician for review.  

The clinician is to provide a detailed review of the Veteran's pertinent medical history, current complaints, and the nature and extent of any symptoms of his service-connected thoracolumbar strain.  

Although an independent review of the claims file is required, the Board calls the clinician's attention to the Veteran's statements regarding his symptoms in his November 2017 Notice of Disagreement (NOD) and his testimony during the March 2021 hearing.

2. Then, readjudicate the claim.  If the decision is unfavorable to the Veteran, issue a Supplemental Statement of the Case and allow the applicable time for response.  Then, return the case to the Board.

 

 

D. Martz Ames

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.