Citation Nr: 21014854 Decision Date: 03/15/21 Archive Date: 03/15/21 DOCKET NO. 12-07 890 DATE: March 15, 2021 REMANDED Entitlement to an evaluation greater than 10 percent prior to August 20, 2020, and an evaluation greater than 20 percent thereafter, for lumbar facet atrophy and sacroiliitis is remanded. REASONS FOR REMAND The Veteran had active service in the United States Air Force from June 1998 to May 2006. This matter is on appeal from a June 2006 rating decision. The Veteran testified at a Board of Veterans’ Appeals (Board) hearing in November 2012. A transcript of the proceeding has been associated with the record. In November 2014, June 2017, and January 2019, the Board remanded the appeal for additional evidentiary development. Entitlement to an evaluation greater than 10 percent prior to August 20, 2020, and an evaluation greater than 20 percent thereafter, for lumbar facet atrophy and sacroiliitis is remanded. While the Board regrets further delay, the Board finds that further development is necessary prior to the adjudication of the appeal. In October 2020, Dr. R.D., wrote that the Veteran had been under his care since August 25, 2020, and had been seen on at least four separate occasions. He indicated that the Veteran would need a handicap placard for six months and that she would require telework due to her back pain. She was scheduled for a follow-up visit four weeks after the date of the doctor’s letter. A remand is required to obtain the private medical records from Dr. R.D. since August 25, 2020. Additionally, a remand is required to afford the Veteran another VA examination to determine the current severity of her service-connected back disability. The Board acknowledges that the Veteran was last afforded a VA examination on August 20, 2020. However, the letter from Dr. R.D. indicates that her disability may have deteriorated since this examination. The matter is REMANDED for the following actions: 1. Ask the Veteran to complete a VA Form 21-4142 for Dr. R.D. at the National Spine and Pain Center. Make two requests for the authorized records, unless it is clear after the first request that a second request would be futile. 2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of her service-connected lumbar facet atrophy and sacroiliitis. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria. In so doing, the examiner must attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups. If it is not possible to provide a specific measurement based on direct observation, the examiner should provide an estimate, if possible, of the additional impairment due to flare-ups based on the other evidence of record and the Veteran’s statements. If it is not possible to provide a specific measurement without speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner (does not have the knowledge or training). 3. After the above development, and any additionally indicated development, has been completed, readjudicate the issue on appeal. If the benefit sought is not granted to the Veteran’s satisfaction, send the Veteran and her representative a Supplemental Statement of the Case and provide an opportunity to respond. If necessary, return the case to the Board for further appellate review. DAVID L. WIGHT Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board R. R. Watkins, 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.