Citation Nr: 21076737
Decision Date: 12/27/21	Archive Date: 12/27/21

DOCKET NO. 17-19 007
DATE: December 27, 2021

REMANDED

Entitlement to a rating in excess of 30 percent, for post-operative anterior microdiskectomy at C5-C6 with autograft fusion and anterior plating, status post cervical spondylotic myelopathy and impacted fracture, C5, cervical spine (cervical spine disability) is remanded.

Entitlement to a disability rating in excess of 10 percent for left knee strain, meniscal tear and degenerative arthritis prior to November 2, 2017, and in excess of 20 percent from November 2, 2017, forward, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from December 1973 to December 1978.

This matter comes before the Board of Veterans' Appeals (Board) from an April 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).  These issues were previously remanded by the Board in October 2019 and have since been returned for further adjudication.

Although the Board regrets additional delay, remand is necessary to provide the Veteran an opportunity to submit private records.

In September 2021, the Veteran's representative stated that the Veteran did not receive a December 9, 2019 letter from VA requesting that she identify private medical sources, as requested pursuant to the October 2019 Board remand. 

Turning to the Veteran's file, it appears that the notification letter sent to the Veteran was sent to an old address; thus, the Veteran did not receive notice of the opportunity to submit additional evidence. The current address has since been verified and updated.  As such, remand is necessary to provide the Veteran the opportunity to submit any additional evidence, including private medical records, before a decision can be reached.

The matters are REMANDED for the following action:

1. Obtain the Veteran's updated VA treatment records.

2.  After verifying the Veteran's current mailing address, contact her and ask her to identify and authorize VA to obtain records from any private physician that she has received treatment from since 2016, related to her cervical spine and left knee condition.  Any identified records (including from Dr. Ronaldi and Dr. Goshal) should be sought.

 

 

P.M. DILORENZO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Hofmeister

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.