Citation Nr: 21072843
Decision Date: 12/06/21	Archive Date: 12/06/21

DOCKET NO. 17-45 544
DATE: December 6, 2021

REMANDED

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

Entitlement to a disability rating in excess of 10 percent for a left knee disorder is remanded.

Entitlement to a disability rating in excess of 10 percent for a right knee disorder is remanded.

Entitlement to a disability rating in excess of 10 percent prior to June 30, 2020 and in excess of 20 percent therefrom for right lower extremity (RLE) radiculopathy is remanded.

REASONS FOR REMAND

The Veteran had active military service from June 1973 to June 1977. 

In August 2020, while the Veteran's appeal was pending, the RO increased the rating for radiculopathy of the lower right extremity to 20 percent, effective June 30, 2020.  This increased rating does not constitute a complete grant of the benefit sought on appeal.  However, the Board has limited its consideration accordingly. See AB v. Brown, 6 Vet. App. 35 (1993).

This case was previously before the Board in June 2019, at which time the issues currently on appeal were remanded for additional development.  The case has now been returned to the Board for further appellate action.

1.  Entitlement to increased disability ratings for the lumbar spine disorder, left and right knee disorders, and RLE radiculopathy are remanded.

A review of the Veteran's claims file reveals that relevant VA and non-VA medical records exist but have not been obtained or requested.  In pertinent part, the Veteran's VA and private treatment records reflect that the Veteran was receiving regular treatment.  However, there are no VA or private treatment records associated with the record past November 2019.  Accordingly, the Board finds that the current evidence of record is insufficient to adequately adjudicate the Veteran's claim and additional development is requested consistent with the directives herein.  See 38 C.F.R. § 3.159 (c)(2)

The matters are REMANDED for the following action:

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With the Veteran's assistance, obtain any outstanding records of pertinent medical treatment from VA or private health care providers, to specifically include VA and private treatment records dated from November 2019.  All reasonable attempts to obtain such records should be made and documented.  If VA attempts to obtain any outstanding records which are unavailable, the Veteran should be notified in accordance with 38 C.F.R. § 3.159(e).

 

 

PAUL E. METZNER

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Ivan Franklin

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.