Citation Nr: 21071060
Decision Date: 11/29/21	Archive Date: 11/29/21

DOCKET NO. 12-13 041
DATE:  November 29, 2021

REMANDED

Entitlement to an initial rating in excess of 20 percent for low back strain is remanded.

Entitlement to a rating in excess of 10 percent prior to October 24, 2019, and in excess of 20 percent thereafter for right lower extremity radiculopathy, is remanded.

REASONS FOR REMAND

The Veteran had active naval service from August 1986 to January 1994. 

These matters come before the Board of Veterans' Appeals (Board) on appeal from a November 2010 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). 

This case was previously before the Board, most recently in March 2020, at which time the Board denied entitlement to increased ratings for service-connected low back strain and right lower extremity radiculopathy. The Veteran appealed to the United States Court of Appeals for Veterans Claims (Court). In July 2021, the Court granted a Joint Motion of the parties, vacated the Board's decision, and remanded the case to the Board for action consistent with the Joint Motion. 

In the Joint Motion, the partied agreed that the October 2018 VA examination was inadequate for adjudication purposes. Therefore, the Veteran should be afforded a new VA examination to determine the current level of severity of all impairment resulting from his service-connected back and disability and right lower extremity radiculopathy. 

Additionally, current treatment records should be identified and obtained before a decision is made in this case.

The matters are REMANDED for the following action:

1. Identify and obtain any pertinent, outstanding VA and private treatment records, to specifically include Washington VA Medical Center records prior to August 5, 2013, and associate them with the claims file.

2. Then, schedule the Veteran for appropriate VA examinations to determine the current level of severity of all impairment resulting from his service-connected low back strain and radiculopathy, right lower extremity. The claims file must be made available to and reviewed by the examiner. Any indicated studies must be performed. The examiner should provide all information required for rating purposes.

3. Confirm that the VA examination reports comport with this remand, and undertake any other development determined to be warranted. 

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4. Then, readjudicate the appeal. If a decision remains adverse to the Veteran, issue a supplemental statement of the case and allow the appropriate time for response. Then, return the case to the Board.

 

 

Kristin Haddock

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Ware, 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.