Citation Nr: 21013995
Decision Date: 03/11/21	Archive Date: 03/11/21

DOCKET NO. 17-01 866
DATE: March 11, 2021

REMANDED

Entitlement to a rating in excess of 20 percent prior to February 24, 2020, and in excess of 40 percent thereafter, for service-connected chronic lumbar strain is remanded.

Entitlement to a compensable rating prior to February 24, 2020, and in excess of 10 percent thereafter, for service-connected radiculopathy, right lower extremity is remanded.

Entitlement to a compensable rating prior to February 24, 2020, and in excess of 10 percent thereafter, for service-connected radiculopathy, left lower extremity is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 1997 to September 2001, and from November 2001 to April 2006.

The Veteran testified at a videoconference hearing before the Board in February 2020.  A transcript of the hearing has been associated with the Veteran’s file.

This appeal was previously before the Board in April 2020, at which time the issue on appeal was characterized as “Entitlement to a rating in excess of 20 percent for service-connected chronic lumbar strain, to include whether a separate compensable rating is warranted for associated neurological manifestations.

Subsequently, in an October 2020 rating decision, the agency of original jurisdiction (AOJ) awarded an increased rating of 40 percent to the Veteran’s service-connected chronic lumbar strain, effective February 24, 2020.  In a December 2020, the AOJ awarded separate 10 percent disability ratings to the Veteran’s bilateral lower extremity radiculopathy, effective February 24, 2020.

As such, the Board has recharacterized the issues on appeal as reflected on the title page.

Following the development directed by the Board in the April 2020 remand, the AOJ issued a supplemental statement of the case (SSOC) in October 2020 that considered all evidence of record up to that point.

Thereafter, a November 2020 VA lumbar spine examination and a November 2020 VA peripheral nerves conditions examination were added to the claims file. On January 6, 2021, the Board sent the Veteran a letter asking if he was willing with waive initial AOJ consideration of this evidence. See 38 C.F.R. § 20.1305 (2020). The letter informed the Veteran that, if he did not respond to the letter, the Board would assume that he did not want the Board to decide his appeal, and that it would remand the appeal to the AOJ for review.  Thereafter, the Veteran did not respond. 

As such, the appeal will be remanded so that the AOJ can consider the newly-received evidence in the first instance.

The matters are REMANDED for the following action:

After any further development deemed necessary, the issues on appeal should be readjudicated and all evidence 

of record, including any new-received evidence, should be considered.  If the benefits sought on appeal remain denied, send the Veteran and his representative a supplemental statement of the case. 

 

V. Chiappetta

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	James R. Springer, 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.