Citation Nr: 21076281
Decision Date: 12/23/21	Archive Date: 12/23/21

DOCKET NO. 17-34 286
DATE: December 23, 2021

REMANDED

Entitlement to a rating in excess of 20 percent for degenerative arthritis of the spine, ankylosing spondylitis (previously rated as lumbosacral strain with degenerative disc disease), prior to December 24, 2019 and in excess of 40 percent thereafter, is remanded. 

Entitlement to a disability rating in excess of 10 percent prior to April 23, 2021, and in excess of 20 percent thereafter, for radiculopathy of the right lower extremity, is remanded.

Entitlement to a disability rating in excess of 10 percent prior to April 23, 2021, and in excess of 20 percent thereafter, for radiculopathy of the left lower extremity, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from March 1971 to May 1971, and from August 1972 to September 1972. 

This appeal comes before the Board of Veterans' Appeals (Board) from a June 2016 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).

Having reviewed the record, the Board finds there has been substantial compliance with the September 2019 Remand instructions, as an adequate VA examination was obtained. Stegall v. West, 11 Vet. App. 268 (1998).

The RO obtained additional, pertinent evidence (ie. to include VA treatment records) after the issuance of the most recent Supplemental Statement of the Case (SSOC) in May 2021. Accordingly, in October 2021, the Board requested a waiver for AOJ's initial consideration of this evidence. However, neither the Veteran nor his VSO responded to this request. As this medical evidence was generated by VA, and because a waiver of AOJ consideration has not been provided by the Veteran, a remand is warranted for the AOJ to review this evidence and issue a SSOC. 

These matters are REMANDED for the following action:

1. Update the VA records in the file for treatment from June 2021 to present.

2. Readjudicate the claims. If any benefit sought on appeal remains denied, then a Supplemental Statement of the Case should be furnished. 

 

MICHELLE L. KANE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Lee, Catherine

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.