Citation Nr: 21076614
Decision Date: 12/27/21	Archive Date: 12/27/21

DOCKET NO. 16-48 175
DATE: December 27, 2021

REMANDED

The claim of entitlement to service connection for cervical spine degenerative arthritis, to include as secondary to service-connected cervical strain, is remanded.  

The claim of entitlement to service connection for leg pain in front right thigh with bilateral foot pain, to include as secondary to service-connected lower back disability, is remanded.  

The claim of entitlement to an initial rating greater than 20 percent from August 20, 2009 and greater than 40 percent from August 9, 2016, for lower back disability, is remanded. 

The claim of entitlement to an effective date earlier than May 21, 2018 for the grant of entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.  

REASONS FOR REMAND

The Veteran served on active duty from September 1973 to January 1974.

This matter comes to the Board of Veterans' Appeals (Board) on appeal of rating decisions by a U.S. Department of Veterans Affairs (VA) Regional Office (RO).

In September 2019, the Veteran testified in a hearing before the Board.  A transcript of the hearing is included in the electronic claims file and has been reviewed.

In December 2019, the Board remanded this matter for additional medical inquiry.  In response, the Veteran underwent VA examinations in March and July 2020.  

In December 2021, the Veteran's representative requested the VA examiner's personnel file, or alternatively, the curriculum vitae (CV) showing, "at least, the examiner's education, training, experience and any discipline imposed by the VA or by any licensing board[.]"  The attorney also requested any other information "that may bear on the examiner's qualifications to perform this type of exam in general or this examination in particular."  

Prior to adjudication of the claims, a response should be provided to the Veteran's attorney.  See Nohr v. McDonald, 27 Vet. App. 124 (2014).

The matters are REMANDED for the following action:

Obtain available relevant information requested by the Veteran's attorney in December 2021.  Once obtained, associate the information with the electronic claims file and provide a copy of the information to the Veteran and his attorney.  Then return the case to the Board.  

 

 

G. A. WASIK

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Christopher McEntee

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.