Citation Nr: 21068480 Decision Date: 11/10/21 Archive Date: 11/10/21 DOCKET NO. 16-42 669 DATE: November 10, 2021 REMANDED Entitlement to a rating greater than 40 percent for degenerative joint disease thoracic spine and intervertebral disc syndrome lumbar spine ("back disability") is remanded. Entitlement to a rating greater than 10 percent for right lower extremity radiculopathy is remanded. Entitlement to a rating greater than 10 percent for left lower extremity radiculopathy is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from June 2007 to July 2008, with additional service in the National Guard and foreign service in Kuwait and Iraq. For his meritorious service, the Veteran was awarded (among other decorations) the Iraq Campaign Medal and Army Commendation Medal. He offered testimony before the undersigned Veterans Law Judge on these matters during an October 2021 Travel Board hearing. Although the Board sincerely regrets the additional delay this will cause, further development is necessary prior to the adjudication of these appeals. During the October 2021 hearing, the Veteran testified as to relevant VA and private treatment records which have not yet been associated with the claims file. Efforts to obtain these records must be undertaken on remand. The Veteran also stated that he has sought care at VA emergency rooms for his service-connected disabilities. Copies of this care must be obtained. Additionally, the Veteran most recently underwent pertinent VA examinations in September 2015. During the hearing, he testified as to a subsequent worsening of his disabilities. Accordingly, new examinations are warranted at this time. The matters are REMANDED for the following actions: 1. Obtain and associate with the record all VA treatment records for the Veteran dated from July 2016 to the present, including for any emergency room treatment relevant to the claimed disabilities. All actions to obtain the requested records should be fully documented in the record. If they cannot be located or no such records exist, the Veteran and his representative should be so notified in writing. 2. Contact the Veteran and request that he identify all private providers of medical treatment for his claimed disabilities during the period on appeal, including from a private chiropractor. Request the Veteran provide authorization for release of all identified private medical records to VA. All actions to obtain the requested records should be fully documented in the record. The RO must make two attempts to obtain any private records identified, unless the first attempt demonstrates that further attempts would be futile. If private records are identified, but not obtained, the RO must notify the Veteran of (1) the identity of the records sought, (2) the steps taken to obtain them, (3) that the claim will be adjudicated based on the evidence available, and (4) that if the records are later obtained, the claim may be readjudicated. If possible, the Veteran should attempt to obtain the records himself. 3. Schedule the Veteran for VA examinations to assess the current severity of his service-connected back and radiculopathy disabilities. The claims folder must be provided to the examiner in conjunction with the examination. All necessary tests and studies should be conducted. The examiner should offer an assessment of all pertinent symptomatology and findings, to be reported in detail in accordance with Diagnostic Codes 5242-5237 (back) and 8520 (lower extremities). [CONTINUED ON NEXT PAGE] The back examiner must also address the Veteran's reports of bilateral hand numbness; specifically, whether the Veteran shows a current disability related to this symptom (including pain productive of functional impairment). If so, the examiner must opine whether it is at least as likely as not that the disorder was caused or aggravated by the Veteran's service-connected back disability or the treatment thereof. A supporting rationale must be offered in support thereof. Evan M. Deichert Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. Kovarovic, 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.