Citation Nr: 21009074
Decision Date: 02/18/21	Archive Date: 02/18/21

DOCKET NO. 18-00 301A
DATE: February 18, 2021

REMANDED

Entitlement to an initial evaluation in excess of 50 percent for persistent depressive disorder is remanded.

Entitlement to an evaluation in excess of 20 percent for a lumbar spine disability is remanded. 

Entitlement to an initial evaluation in excess of 10 percent for radiculopathy of the right lower extremity is remanded. 

Entitlement to an initial rating in excess of 10 percent for gastroesophageal reflux disease (GERD) is remanded. 

REASONS FOR REMAND

The Veteran served on active duty from August 1966 to July 1968.

This matter is on appeal from March 2016 and September 2016 decisions of a Department of Veterans Affairs (VA) Regional Office (RO).

In June 2020, a videoconference hearing was held before the undersigned. A transcript of the hearing is in the record.

 

1. Entitlement to an initial evaluation in excess of 50 percent for persistent depressive disorder is remanded.

2. Entitlement to an evaluation in excess of 20 percent for a lumbar spine disability is remanded. 

3. Entitlement to an initial evaluation in excess of 10 percent for radiculopathy of the right lower extremity is remanded. 

4. Entitlement to an initial rating in excess of 10 percent for gastroesophageal reflux disease (GERD) is remanded. 

The Veteran contends that he is entitled to increased evaluations for his service-connected persistent depressive disorder, lumbar spine disability, radiculopathy of the right lower extremity, and GERD. 

During the June 2020 hearing, the Veteran reported that the disabilities on appeal have worsened since the most recent VA examinations. Where entitlement to compensation already has been established and an increase in the disability rating is at issue, it is the present level of disability that is of primary concern. See Francisco v. Brown, 7 Vet. App. 55, 58 (1994). As the recent evidence of record suggests that the Veteran has experienced a worsening in symptoms, a VA examination must be scheduled to assess the current severity, frequency, and duration of the symptoms of the Veteran’s disabilities. 

The record also reflects the Veteran receives VA treatment; thus, updated VA treatment records should be associated with the claims file.

The matters are REMANDED for the following action:

1. Obtain the Veteran’s VA treatment records for the period from November 2020 to the present.

2. After completing the development in item 1, schedule the Veteran for examinations (or telehealth interviews, if in-person examinations are not feasible) to assess the current severity of his service-connected persistent depressive disorder, lumbar spine disability, radiculopathy of the right lower extremity, and GERD. The examiners should provide a full description of the disabilities and report all signs and symptoms necessary for evaluating the Veteran’s disabilities under the rating criteria.

 

 

M. SORISIO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. H. White, 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.