Citation Nr: 21076107
Decision Date: 12/22/21	Archive Date: 12/22/21

DOCKET NO. 18-10 896
DATE: December 22, 2021

REMANDED

Entitlement to compensation under 38 U.S.C. § 1151 for neurological condition affecting the sciatic nerve (claimed as nerve condition due to severed nerves) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from November 1990 to July 2004.  

This appeal stems from a May 2016 rating decision. 

In December 2020, the Veteran testified in a virtual hearing before the undersigned Veterans Law Judge.  A copy of the hearing transcript is of record and has been reviewed. 

During the hearing, the Veteran and her representative at the time identified outstanding relevant private treatment records.  The representative asked to leave the record open for 30-days in order to obtain and submit those records; however, to-date, no records were submitted.  In addition, in December 2021, the Veteran appointed new representation.  

Given that the Board has notice of the outstanding records, the case should be remanded to provide the Veteran with the opportunity to identify and submit any outstanding relevant treatment records.

The matter is REMANDED for the following actions:

1.  Ensure all outstanding VA treatment records are associated with the claims file, to include those from the VA in Plainview, Texas.

2.  Contact the Veteran and ask her to identify any outstanding relevant private treatment records, particularly for any treatment for the claimed nerve damage, to include identified records from Shreveport Orthopedic Clinic and those from Dr. Dana Powell.  

For any identified treatment providers, obtain from the Veteran a completed VA Form 21-4142, Authorization and Consent to Release Information to the Department of Veterans Affairs.  For each Release obtained, request the identified records and associate any records obtained with the claims file.

3.  Thereafter, conduct any other development deemed necessary, and readjudicate the remanded claim.

 

 

L. CHU

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.