Citation Nr: 21066536
Decision Date: 11/01/21	Archive Date: 11/01/21

DOCKET NO. 20-22 271
DATE: November 1, 2021

REMANDED

Entitlement to an increased rating for a right knee disability, currently rated as 40 percent disabling due to limitation of extension and as 10 percent disabling due to right knee strain with limitation of flexion and shin splints, is remanded.

Entitlement to an increased rating for a left knee disability, currently rated as 30 percent disabling due to limitation of extension and as 10 percent disabling due to left knee strain with limitation of flexion and shin splints, is remanded.

Entitlement to a rating in excess of 20 percent for a cervical spine disability is remanded.

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

Entitlement to a rating in excess of 30 percent radiculopathy of the upper left extremity is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Marine Corps from January 1988 to June 1988 and from January 1991 to May 1991.  

This matter is before the Board of Veterans' Appeals (Board) on appeal of May 2018, October 2018, and September 2021 rating decisions of a Regional Office (RO) of the Department of Veterans Affairs (VA).  These claims were previously remanded by the Board for additional development in December 2020.  

1. Entitlement to an increased rating for a right knee disability, currently rated as 40 percent disabling due to limitation of extension and as 10 percent disabling due to right knee strain with limitation of flexion and shin splints, is remanded.

2. Entitlement to an increased rating for a left knee disability, currently rated as 30 percent disabling due to limitation of extension and as 10 percent disabling due to left knee strain with limitation of flexion and shin splints, is remanded.

3. Entitlement to a rating in excess of 20 percent for a cervical spine disability is remanded.

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

5. Entitlement to a rating in excess of 30 percent radiculopathy of the upper left extremity is remanded.

VA's duty to assist requires reasonable efforts to ensure all available private treatment records have been obtained and associated with the Veteran's claims file.  See 38 U.S.C. § 5103A; 38 C.F.R. § 3.159(c); see also Sullivan v. McDonald, 815 F.3d 786 (Fed. Cir. 2016).

VA and private medical records, including an August 2020 VA primary care appointment note, indicate the Veteran received and continues to receive private medical treatment for his service connected right knee, left knee, cervical spine, right upper extremity radiculopathy, and left upper extremity radiculopathy disabilities.  Some records from Geisinger Primary Care, Geisinger Neurophysiology, Geisinger Orthopedics, Back Mountain Chiropractic Center, and Phoenix Rehabilitation are associated with the claims file.  However, it is not clear that attempts have been made to obtain all outstanding relevant private treatment records.  

The matters are REMANDED for the following action:

Ask the Veteran to complete a VA Form 21-4142 for any private medical provider who may have records relevant to his claims.  These providers may include Geisinger Medical, Phoenix Rehabilitation, Back Mountain Chiropractic and/or other facilities.  Relevant treatment records may include records from primary care physicians, orthopedists, neurosurgeons, physical therapists, chiropractors, or others who have provided treatment for right knee, left knee, cervical spine, right upper extremity radiculopathy, and/or left upper extremity radiculopathy disabilities over the appeal period.  Make two requests for the authorized records from any treatment provider identified, unless it is clear after the first request that a second request would be futile. 

 

 

M. HYLAND

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Jeanne Celtnieks

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.