Citation Nr: 21009289
Decision Date: 02/22/21	Archive Date: 02/22/21

DOCKET NO. 15-41 578
DATE: February 22, 2021

REMANDED

A rating in excess of 10 percent for a lumbosacral strain prior to June 1, 2016.

A rating in excess of 40 percent for a lumbosacral strain since June 1, 2016.

A rating in excess of 10 percent for radiculopathy of the right lower extremity (RLE)

A rating in excess of 10 percent for radiculopathy of the left lower extremity (LLE). 

REASONS FOR REMAND

The Veteran testified before the undersigned Veterans Law Judge in March 2019. A copy of the transcript has been associated with the claims file. In July 2019, the Board denied the claim. The Veteran appealed to the Veterans’ Claims Court. In July 2020, the Court Clerk vacated the Board’s decision in a Joint Motion for Partial Remand (JMPR) and remanded the claim for additional development. 

Based on the JMPR, private medical records from Dr. B and Dr. E. should be associated with claims file. Further, the Court found that a new examination was warranted, as the Veteran testified that the back disability had worsened. Therefore, an updated examination is needed.

In addition, the Court found that the Veteran’s claims of increased ratings for radiculopathy of the RLE and LLE were part and parcel of the claims of increased ratings for a lumbar spine disability. Therefore, these claims are remanded along with the lumbar spine disability.

The matters are REMANDED for the following actions:

1. After obtaining the appropriate releases from the Veteran, obtain the Veteran’s clinical records from Drs B. and E., as well as any other clinical records not already associated with the claims file. If these records are unable to be obtained, that should be document in the record. 

2. Schedule the Veteran for an examination to determine the severity of a lumbar spine disability, to include radiculopathy of the RLE and LLE. 

 

 

L. HOWELL

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. Ragofsky, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.