Citation Nr: 21014958
Decision Date: 03/16/21	Archive Date: 03/16/21

DOCKET NO. 14-20 245A
DATE: March 16, 2021

REMANDED

Entitlement to a disability rating in excess of 20 percent for L5-S1 spondylosis, traumatic arthritis lumbar spine with spinal fusion prior to October 27, 2020.

Entitlement to a disability rating in excess of 40 percent for L5-S1 spondylosis, traumatic arthritis lumbar spine with spinal fusion from October 27, 2020.

 

REASONS FOR REMAND

The Veteran served honorably on active duty from July 1992 to July 1994.

This matter is on appeal from a March 2014 rating decision.

1. Entitlement to a disability rating in excess of 20 percent for L5-S1 spondylosis, traumatic arthritis lumbar spine (herein after “lumbar spine disability”) prior to October 27, 2020.

2. Entitlement to a disability rating in excess of 40 percent for the lumbar spine disability from October 27, 2020.

According to a November 2020 note in the Veteran’s electronic health record, her VA medical center received medical records from a private (non-VA) provider regarding treatment for her lumbar spine disability.  

As these records are constructively part of the record, remand is required so they may be uploaded into the claims file.

The matters are REMANDED for the following action:

1. Ask the Veteran to complete a VA Form 21-4142 for any private (non-VA) providers or facilities who may have additional medical records.  

(Continued on the next page)

 

Make two requests for any authorized records, unless it is clear after the first request that a second request would be futile.

2. Obtain the Veteran’s outstanding VA treatment records, including records of all treatment obtained through VA’s Choice program and all records scanned into her electronic health record, including an “11/23/20 note received from Dr. Alvarez at the SW Florida Neurosurgical & Rehab Associates.

 

 

Corey Bosely

Acting Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.