Citation Nr: 21067504
Decision Date: 11/04/21	Archive Date: 11/04/21

DOCKET NO. 18-38 348
DATE: November 4, 2021

REMANDED

Entitlement to a disability rating in excess of 10 percent for a back disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 2000 to August 2005 and from March 2007 to March 2010, with additional service in the reserves. He testified at a hearing before the undersigned in October 2021. This decision is being prepared under the Board's "one touch" hearing program; a copy of the transcript of that hearing will be added to the Veteran's file in the normal course of business.

The claim is remanded to obtain updated treatment records and then to schedule the Veteran for a new examination to determine the current severity of his back disability. The Veteran testified that his back disability has gotten worse since the last VA examination in December 2017; specifically, that he has been limited in doing heavy lifting. 

The Veteran stated that he has been treated by a private physician and those records must be obtained on remand.  

The matters are REMANDED for the following action:

1. Contact the Veteran, and, with the Veteran's assistance identify and obtain copies of any pertinent medical or VA treatment records and add them to the claims file. If VA attempts to obtain any outstanding records which are unavailable, the Veteran should be notified.

2. After completion of the foregoing, schedule the Veteran for the appropriate VA examination to assess the severity of his service-connected back disability. Copies of all pertinent medical records should be made available to the examiner for review. All necessary diagnostic testing should be performed. The examiner must complete the corresponding VA disability benefits questionnaire (DBQ), provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria.

 

 

M.E. Larkin

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.