Citation Nr: 21014077
Decision Date: 03/11/21	Archive Date: 03/11/21

DOCKET NO. 16-05 210
DATE:  March 11, 2021

REMANDED

Entitlement to an initial rating in excess of 20 percent for status post lumbar laminectomy and fusion L4-L5, L5-S1, is remanded.

REASONS FOR REMAND

The Veteran had active military service from May 1967 to December 1970. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2015 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). In connection with this appeal, the Veteran testified at a hearing before the undersigned Veterans Law Judge in March 2021.

The Veteran was last afforded a VA examination for his service-connected status post lumbar laminectomy and fusion L4-L5, L5-S1 (“back disability”), in December 2011. In March 2021, he testified that the severity of his symptoms had increased since that time. Therefore, the Board finds that the Veteran should be provided a new VA examination to determine the current level of severity of all impairment resulting from his back disability.

The matter is REMANDED for the following action:

1. Identify and obtain any pertinent, outstanding VA and private treatment records and associate them with the claims file.

2. Then, schedule the Veteran for a VA examination to determine the current level of severity of all impairment resulting from his service-connected back disability. The claims file must be made available to and reviewed by the examiner. Any indicated studies must be performed. The examiner should provide all information required for rating purposes. 

3. Confirm that the VA examination report and all medical opinions provided comport with this remand and undertake any other development determined to be warranted.

4. Then, readjudicate the appeal. If the decision remains adverse to the Veteran, issue a supplemental statement of the case and allow the appropriate time for response. Then, return the case to the Board.

 

 

Kristin Haddock

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.