Citation Nr: 21006918 Decision Date: 02/05/21 Archive Date: 02/05/21 DOCKET NO. 180813-236 DATE: February 5, 2021 REMANDED Entitlement to service connection for the residuals of a lower back injury is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from March 1978 to July 1986. The Board notes that the rating decision on appeal was issued in August 2016. In May 2018, the Veteran elected the modernized review system. See 84 Fed. Reg. 138, 177 (Jan. 18, 2019) (to be codified at 38 C. F. R. §19. 2(d)). A rating decision was issued under the legacy system in August 2016. In May 2018, the Veteran opted into the modernized review system, also known as the Appeals Modernization Act (AMA), by submitting a Rapid Appeals Modernization Program (RAMP) election form and selecting the higher-level review (HLR) lane. The agency of original jurisdiction (AOJ) issued a RAMP HLR decision in July 2018, which is the decision on appeal. In a June 2019 decision, the Board declined to grant entitlement to service connection for the residuals of a lower back injury. In August 2020, the United States Court of Appeals for Veterans Claims (CAVC) granted a Joint Motion for Partial Remand (JMR) that vacated and remanded the portion of the June 2019 decision that denied entitlement to service connection for the residuals of lower back injury. The Board must now remand this issue to the Agency of Original Jurisdiction (AOJ) to ensure compliance with the August 2020 JMR. Entitlement to service connection for the residuals of lower back injury is remanded. As determined by the August 2020 JMR, remand is warranted in order to fulfill VA’s duty to assist by making reasonable efforts to obtain the Veteran’s private treatment records. See 38 C.F.R. § 3.159(c). The August 2020 JMR determined that the Board erred when it failed to ensure that reasonable efforts made to obtain the Veteran’s private treatment records associated with his lower back injury. See 38 C.F.R. § 3.159(c). The Veteran’s treatment records indicate that the VA authorized him to obtain outside physical therapy through the Veterans Choice Program, and it appears the Veteran may have attended, at least in part, physical therapy with Veronica Whitman. However, the record does not reflect that VA attempted to obtain these records or associate the scanned records with the Veteran’s claims file prior to his opt-in to RAMP in May 2018. Additionally, the Veteran’s VISTA records shall be included in the Veteran’s record. The matters are REMANDED for the following action: (Continued on the next page)   1. Ensure that all scanned records into VISTA are associated with the claims folder. 2. Ensure that outside physical therapy records through the Veterans Choice Program, including physical therapy with Veronica Whitman, is associated with the claims folder. T. MAINELLI Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Patrick C. Brady, Attorney Advisor 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.