Citation Nr: 21074371 Decision Date: 12/15/21 Archive Date: 12/15/21 DOCKET NO. 10-12 830 DATE: December 15, 2021 REMANDED Entitlement to an initial rating in excess of 10 percent for cervical myositis with mild paravertebral spasm with multilevel disc bulging and moderate thecal sac compression (cervical spine disability) for the period prior to November 13, 2018 is remanded. Entitlement to an initial rating in excess of 30 percent for chronic recurrent tenso-vascular headaches (headaches) prior to August 30, 2016 is remanded. Entitlement to an initial rating in excess of 10 percent for bilateral callosities of the feet on the second and fifth metatarsal heads (bilateral callosities) is remanded. REASONS FOR REMAND The Veteran had active service from March 2003 to September 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 a June 2020 decision, the Board denied the Veteran's claims for ratings in excess of 30 percent for headaches prior to August 30, 2016 and a rating in excess of 50 percent since August 30, 2016 for headaches; denied a rating in excess of 10 percent prior to November 13, 2018 and in excess of 30 percent since November 13, 2018 for his cervical spine disability; denied a rating in excess of 40 percent for a lumbar spine disability; and denied a rating in excess of 10 percent for bilateral callosities. The Veteran appealed the decision to the United States Court of Appeals for Veterans Claims (Court). In a July 2021 order, the Court granted the parties' Joint Motion for Partial Remand (JMR) partially vacating the June 2020 decision and remanding the claims for increased rating for the cervical spine disability prior to August 30, 2016, a higher rating for chronic headaches prior to November 13, 2018, and a higher rating for bilateral callosities of the feet, to the Board for further adjudication. The parties did not challenge the decision regarding a rating in excess of 40 percent for lumbar myositis, a rating in excess of 30 percent for cervical myositis from November 13, 2018, and a rating in excess of 50 percent for chronic headaches from August 30, 2016, and the Court dismissed those issues. 1. Entitlement to an initial rating in excess of 10 percent for a cervical spine disability for the period prior to November 13, 2018 is remanded. 2. Entitlement to an initial rating in excess of 30 percent for headaches prior to August 30, 2016 is remanded. 3. Entitlement to an initial rating in excess of 10 percent for bilateral callosities is remanded. VA treatment records from April 18, 2014, January 9, 2015, and February 23, 2015 note that an unidentified non-VA care operation reports and progress notes from February 24, 2012, unidentified "MRI Cervical, Thoracic, Lumbar Report," and a January 30, 2014 "EDX" had been scanned into VistA Imaging. It does not appear that the referenced record has been associated with the claims file. Additionally, VA records from February 17, 2010, February 19, 2010, March 2, 2010, March 5, 2010, July 7, 2010, July 9, 2010, June 19, 2012, June 21, 2012, May 21, 2013, May 23, 2013, May 7, 2014, May 15, 2014, March 17, 2015, March 19, 2015, February 7, 2017 indicate that employee health notes may not be viewed. Unfortunately, the Veteran's employee health records have not otherwise been associated with the file. A remand to obtain the outstanding records is required. 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 him for his claimed disabilities. After securing any necessary releases, request any relevant records identified. In addition, obtain updated VA treatment records dated since July 6, 2021; obtain copies of the VistA Imaging records referenced in the April 18, 2014, January 9, 2015, and February 23, 2015 VA record entries; and obtain copies of the employee health records referenced in the February 17, 2010, February 19, 2010, March 2, 2010, March 5, 2010, July 7, 2010, July 9, 2010, June 19, 2012, June 21, 2012, May 21, 2013, May 23, 2013, May 7, 2014, May 15, 2014, March 17, 2015, March 19, 2015, and February 7, 2017 VA record entries. If such records cannot be obtained, issue a formal finding of unavailability and notify the Veteran of such. 2. If the claims remain denied, issue a supplemental statement of the case. 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.