Citation Nr: 21006185 Decision Date: 02/03/21 Archive Date: 02/03/21 DOCKET NO. 19-15 231 DATE: February 3, 2021 REMANDED Entitlement to a disability rating exceeding 30 percent for service-connected mental disabilities is remanded. Entitlement to a disability rating exceeding 20 percent for a lumbar spine disability is remanded. Entitlement to an initial disability rating exceeding 10 percent for radiculopathy of the right lower extremity is remanded. Entitlement to a disability rating exceeding 20 percent for radiculopathy of the right lower extremity beginning March 12, 2019 is remanded. Entitlement to an initial disability rating exceeding 10 percent for radiculopathy of the left lower extremity is remanded. Entitlement to a disability rating exceeding 40 percent for radiculopathy of the left lower extremity beginning March 12, 2019 is remanded. Entitlement to service connection for migraines is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) for the period prior to March 12, 2019 is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1979 to June 1992. This appeal comes to the Board of Veterans’ Appeals (Board) from September 2014 and February 2019 rating decisions by a Department of Veterans Affairs (VA) Regional Office (RO). The Board remanded these matters to the Agency of Original Jurisdiction (AOJ) in December 2018 for additional evidentiary development. A review of the record shows that the AOJ has recently obtained relevant evidence, including VA treatment records and VA examinations dated in September 2020 and October 2020, following the most recent Supplemental Statement of the Case in February 2020. The Board recognizes that, although the Veteran’s substantive appeal was received after February 2, 2013, the automatic waiver provision does not apply because this additional evidence was obtained by VA and was not submitted by the Veteran. See Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012, Public Law No. 112-154, 126 Stat. 1165 (amending 38 U.S.C. § 7105 to provide that if new evidence is submitted by the claimant or his representative with or after a substantive appeal received on or after February 2, 2013, then it is subject to initial review by the Board unless the Veteran explicitly requests AOJ consideration). Therefore, the Board will remand these matters to the AOJ so that it may readjudicate the claims considering the totality of the evidence in the first instance. The matters are REMANDED for the following action: Readjudicate the issues on appeal in light of the evidence received following the February 2020 Supplemental Statement of the Case. If any benefit sought on appeal remains denied, issue an additional Supplemental Statement of the Case. After the Veteran and his representative have had an adequate opportunity to respond, return the appeal to the Board. Romina A. Casadei Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Michael Duffy, Associate 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.