Citation Nr: 21073228
Decision Date: 12/07/21	Archive Date: 12/07/21

DOCKET NO. 20-13 592
DATE: December 7, 2021

REMANDED

Entitlement to a rating in excess of 10 percent prior to May 25, 2018, and in excess of 20 percent on and after May 25, 2018, for lumbosacral spine degenerative disc disease is remanded.  

Entitlement to a compensable rating prior to May 25, 2018, and a rating in excess of 50 percent on and after May 25, 2018, for bilateral hearing loss is remanded.  

REASONS FOR REMAND

The Veteran had active service from June 1964 to July 1988.  

1. Entitlement to a rating in excess of 10 percent prior to May 25, 2018, and in excess of 20 percent on and after May 25, 2018, for lumbosacral spine degenerative disc disease is remanded.  

A March 2017 treatment record from M. Shawbitz, M.D., state the Veteran was treated by T. Macey, M.D., and L. Ettinger. M.D.  Clinical documentation of the cited treatment is not of record.  Clinical documentation dated after December 2018 is not of record.  

The Department of Veterans Affairs (VA) should obtain all relevant VA and private treatment records which could potentially be helpful in resolving the Veteran's claims.  Murphy v. Derwinski, 1 Vet. App. 78 (1990); Bell v. Derwinski, 2 Vet. App. 611 (1992).  

2. Entitlement to a disability rating in excess of 50 percent for bilateral hearing loss.  

The report of a February 2021 audiological examination conducted for VA states that the Veteran reported undergoing a December 2020 right ear cochlear implant Clinical documentation of the cited treatment is not of record.  

The matters are REMANDED for the following action:

1. Ask the Veteran to complete a VA Form 21-4142 for each private healthcare provider, including T. Macey, M.D., and L. Ettinger. M.D., who has treated him for the service connected lumbosacral spine disability and bilateral hearing loss.  Make two requests for the authorized records from all identified healthcare providers unless it is clear after the first request that a second request would be futile.

2. Obtain any VA treatment records not of record, to include those pertaining to treatment after December 2018.

 

 

J. T. HUTCHESON

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.