Citation Nr: 21010822 Decision Date: 02/25/21 Archive Date: 02/25/21 DOCKET NO. 14-27 793 DATE: February 25, 2021 REMANDED Entitlement to an evaluation in excess of 20 percent for a left lower extremity sciatica disability is remanded. Entitlement to an evaluation in excess of 10 percent for a right low extremity radiculopathy disability prior to June 11, 2020, and in excess of 20 percent from June 11, 2020, is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1998 to April 2007. This case comes before the Board of Veterans’ Appeals (Board) on appeal from a December 2012 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before a Veterans Law Judge (VLJ) at a hearing in July 2017. A transcript of the hearing is of record. In November 2020, the Veteran was advised that the VLJ who held the hearing in July 2017 was no longer available and he was afforded the opportunity to participate in a hearing with a new VLJ. The Veteran did not respond. Therefore, the Board assumes that he does not want another hearing and is proceeding accordingly. In March 2018 and September 2020, the Board remanded the issues for further development. 1. Entitlement to an evaluation in excess of 20 percent for a left lower extremity sciatica disability is remanded. 2. Entitlement to an evaluation in excess of 10 percent for a right low extremity radiculopathy disability prior to June 11, 2020, and in excess of 20 percent from June 11, 2020, is remanded. Unfortunately, another remand is required. Although the Board sincerely regrets the additional delay, it is necessary to ensure that there is a complete record upon which to decide the Veteran’s claims so that he is afforded every possible consideration. Directives in the two prior Board remands included obtaining all outstanding relevant VA treatment records dated prior to July 25, 2014. Treatment records that were associated with the claims file referenced records dated prior to July 2014 and in an August 2020 statement, the Veteran quoted VA treatment records dated prior to July 2014. Subsequently, VA treatment records dated from September 3, 2013, to October 1, 2020, were associated with the claims file. However, those treatment records indicate that there are still relevant outstanding VA treatment records. Specifically, the treatment records reference a pain contract signed in January 2013 and back treatment in April 2013, neither of which is associated with the claims file. In a November 2020 statement, the Veteran referenced the April 2013 VA treatment record, in which he reported having “severe pain starting at the lower back going down the right buttocks, back of the thigh, lower leg and sole of the right foot.” Therefore, there has not been substantial compliance with the remand directives, and corrective action is necessary. See Stegall v. West, 11 Vet. App. 268, 271 (1998) (holding that where the remand of the Board or the Court is not complied with, the Board errs as a matter of law when it fails to ensure compliance). As such, remand is necessary to associate all relevant treatment records with the claims file. The matters are REMANDED for the following action: Obtain from the VA healthcare system all outstanding relevant treatment records dated prior to September 2, 2013, and from October 2020 to present. All records/responses received should be associated with the claims file. If any records sought are not obtained, a written statement to that effect should be incorporated into the record. N. NELSON Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board B. Temple, 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.