Citation Nr: 21013354 Decision Date: 03/09/21 Archive Date: 03/09/21 DOCKET NO. 15-04 764 DATE: March 9, 2021 REMANDED A rating in excess of 10 percent for the period prior to October 8, 2019 for thoracolumbar osteoarthritis and degenerative disc disease is remanded. REASONS FOR REMAND The Veteran served on active duty from May 2010 to September 2010 and June 2012 to September 2013. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2014 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the undersigned Veterans Law Judge at a videoconference hearing in October 2015. A transcript of the hearing has been associated with the file. The case was remanded in July 2018 for additional development, after which the Veteran’s thoracolumbar disability rating was increased to 40 percent, effective October 8, 2019. Unfortunately, the matter must be remanded again. Following issuance of the April 2020 supplemental statement of the case (SSOC), the RO added VA treatment records to the Veteran’s claims file. In December 2020, the Board offered the Veteran and his representative an opportunity to waive initial RO consideration of this new evidence. The letter notified the Veteran and his representative that if no response was received within 45 days of the date of the letter, then the Board will assume that the Veteran does not wish for the Board to decide the claim at this time and will remand for RO consideration. Neither the Veteran nor his representative responded within 45 days. Thus, the Veteran has effectively not waived initial RO consideration of the evidence added to the claims file since the April 2020 SSOC. The Board, therefore, must remand the issue remaining on appeal for the RO to readjudicate the claim following review of the evidence obtained since April 2020. The matters are REMANDED for the following action: The AOJ should readjudicate the claim for an increased rating for thoracolumbar osteoarthritis and degenerative disc disease prior to October 8, 2019, to include review of all additional evidence added to the record since the April 2020 SSOC. MICHAEL E. KILCOYNE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board V. Geer, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.