Citation Nr: 21068120 Decision Date: 11/09/21 Archive Date: 11/09/21 DOCKET NO. 17-52 355 DATE: November 9, 2021 REMANDED Entitlement to an increased rating for anxiety disorder with secondary mood disorder, currently rated as 70 percent disabling. Entitlement to a rating in excess of 20 percent for a lumbar degenerative disc disease with intervertebral disc syndrome and osteopenia (lumbar spine disability) is remanded. Entitlement to a rating in excess of 10 percent for right lower extremity neuritis of the sciatic nerve is remanded. Entitlement to a TDIU is remanded. REASONS FOR REMAND The Veteran had active service from September 1992 to October 1995 and from May 2005 to January 2007. These matters are before the Board of Veterans' Appeals (Board) on appeal from a rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In July 2021, the Veteran testified before the undersigned Veterans Law Judge (VLJ) at a virtual hearing. A transcript of her testimony is of record. REASONS FOR REMAND 1. Entitlement to an increased rating for anxiety disorder with secondary mood disorder, currently rated as 70 percent disabling. 2. Entitlement to a rating in excess of 20 percent for a lumbar degenerative disc disease with intervertebral disc syndrome and osteopenia (lumbar spine disability) is remanded. 3. Entitlement to a rating in excess of 10 percent for right lower extremity neuritis of the sciatic nerve is remanded. 4. Entitlement to a TDIU is remanded. The evidence indicates there may be outstanding relevant VA treatment records. A VA treatment record from June 5, 2019 notes that records from Mercy Clinic from April 29, 2019 had been scanned into VistA Imaging. It does not appear that the referenced record has been associated with the claims file. As these records maybe relevant to the Veteran's claims, a remand to obtain the outstanding records is required. There also appear to be outstanding Vet Center treatment records. VA records from December 16, 2019 and January 23, 2020 indicate that the Veteran had been receiving treatment at the "SPD Vet Center." To date, Vet Center treatment records have not been obtained. A remand to obtain the outstanding records is required. The record also indicates that there are outstanding private treatment records. On her October 8, 2012 VA Form 21-526, the Veteran reported receiving treatment for her anxiety from Dr. Weiss and treatment for her lumbar spine disability from Neurosurgical Associates of Texarkana. At her July 2021 hearing, the Veteran reported that she was receiving treatment from a non-VA primary care provider in Germany. To date, records from these providers have not been requested or otherwise obtained. Accordingly, on remand, reasonable efforts should be made to obtain the records. At her July 2021 hearing, the Veteran asserted that her lumbar spine disability and right lower extremity sciatic nerve neuritis had worsened since her last VA examination. Accordingly, the Veteran should be provided an opportunity to report for an examination to ascertain the current severity and manifestations of her lumbar spine disability and right lower extremity sciatic nerve neuritis. The Board notes the Veteran withdrew her appeal of her TDIU claim on May 27, 2021. In June 2021, she attempted to revoke her statement withdrawing her appeal. However, once an appeal is transferred to the Board, an appeal withdrawal is effective when it is received by the Board. 38 C.F.R. § 19.55(b)(3) (2020); see also Hanson v. Brown, 9 Vet. App. 29, 30 (1996) (stating that "when a claim is withdrawn by a veteran, it ceases to exist; it is no longer pending and it is not viable"). Thereafter, her hearing testimony expressly raised the issue of entitlement to a TDIU again. See July 2021 hearing transcript. In Rice v. Shinseki, 22 Vet. App. 447 (2009), the Court of Appeals for Veterans Claims (Court) held that a TDIU claim is part of an increased rating claim. Accordingly, the issue has again been added. Finally, at her July 2021 hearing, the Veteran reported that due to her service-connected disabilities she was unable to work full time. She noted that she had worked only part-time since December 2020. The record does not contain recent employment information. On remand the Veteran should be requested to provide an updated VA Form 21-8940. The matters are REMANDED for the following actions: 1. Ask the Veteran to provide the names and addresses of all medical care providers who have recently treated her for her claimed disabilities, including Dr. Weiss, Neurosurgical Associates of Texarkana, her private primary care provider in Germany, and the "SPD Vet Center." After securing any necessary releases, request any relevant records identified. In addition, obtain updated VA treatment records as well as the VistA Imaging records referenced in the June 5, 2019 VA record entry. If any requested records are unavailable, the Veteran should be notified of such. 2. Ask the Veteran to fully complete a VA Form 21-8940, Veterans Application for Increased Compensation Based on Unemployability, to include detailing all education and training as well as all full-time or part-time employment. 3. Take appropriate action to schedule the Veteran, who resides in Germany, for a thoracolumbar spine examination and neurological examination to determine the current severity of her lumbar spine disability and right lower extremity neuritis. Range of motion testing of the thoracolumbar spine should be conducted, and all symptomatology associated with the Veteran's lumbar spine disability and right lower extremity neuritis should be reported. K. A. BANFIELD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Anderson 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.