Citation Nr: 21076717
Decision Date: 12/27/21	Archive Date: 12/27/21

DOCKET NO. 17-41 239
DATE: December 27, 2021

REMANDED

Entitlement to an increased evaluation in excess of 20 percent for degenerative arthritis of the lumbar spine is remanded.

Entitlement to an increased evaluation in excess of 20 percent for degenerative arthritis of the cervical spine is remanded.

Entitlement to an increased evaluation in excess of 10 percent for post-operative changes of the right knee is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 1984 to June 1995. 

This matter comes before the Board of Veterans' Appeals (BVA or Board) on appeal from a May 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).  

In the May 2017 rating decision on appeal, the Ro granted service connection for degenerative arthritis of the lumbar and cervical spine. A 20 percent evaluation was awarded for each disorder effective April 27, 2016. Service connection for was also awarded for post-operative changes of the right knee. A 10 percent evaluation was assigned effective April 27, 2016. The Veteran's claim was last adjudicated in an August 2017 supplement al statement of the case (SSOC).

1. Entitlement to an increased evaluation in excess of 20 percent for degenerative arthritis of the lumbar spine is remanded.

2. Entitlement to an increased evaluation in excess of 20 percent for degenerative arthritis of the cervical spine is remanded.

3. Entitlement to an increased evaluation in excess of 10 percent for post-operative changes of the right knee is remanded.

Review of the record reveals the Veteran is currently assigned the following: a 20 percent evaluation for degenerative arthritis of the lumbar spine; a 20 percent evaluation for degenerative arthritis of the cervical spine; and a 10 percent evaluation for post-operative changes of the right knee. In February 2018, the Veteran asserted while receiving care that her disabilities have increased in severity since she was last examined by the VA in April 2017. The Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of the above disabilities. 

The matters are REMANDED for the following action:

1. Ask the Veteran to identify and provide appropriate releases for any care providers who may possess new or additional evidence pertinent to the remaining issue on appeal. This should include a release of information form for any VA or private treatment records pertinent to her remanded disabilities.  

2. After the foregoing development has been completed to the extent possible, schedule the Veteran for any pertinent examinations for her remanded disabilities. The examiner should review the record. All indicated tests should be conducted and the results reported. After a thorough review of the medical history the examiner is requested to prepare a detailed opinion for the following:

For the lumbar and cervical spine examiner:

Discuss all symptoms and manifestations associated with the Veteran's lumbar and cervical spine disorder and set out functional and occupational impairments. All clinical findings should be set out in detail.

For the right knee examiner: 

Discuss all symptoms and manifestations associated with the Veteran's lumbar and cervical spine disorder and set out functional and occupational impairments. All clinical findings should be set out in detail.

Please provide a complete rationale for all opinions entered.

(Continued on the next page)

 

If an examiner cannot provide any of the requested opinions, he/she must affirm that all procurable and assembled data was fully considered, and a detailed rationale must be provided for why an opinion cannot be rendered.

3. The AOJ must ensure that the examiner's reports comply with this remand and answers the questions presented in the request. The AOJ must also ensure that the examiner documents consideration of the electronic claims file. If the report is insufficient, the AOJ must return it to the examiner for necessary corrective action as appropriate.

 

 

Emily Tamlyn

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Elliot Harris

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.