Citation Nr: 21015736 Decision Date: 03/18/21 Archive Date: 03/18/21 DOCKET NO. 08-23 156A DATE: March 18, 2021 REMANDED Entitlement to a separate evaluation for right leg radiculopathy prior to September 15, 2014 is remanded. Entitlement to an initial evaluation higher than 40 percent for service-connected left leg radiculopathy is remanded. Entitlement to an initial evaluation higher than 40 percent for service-connected right leg radiculopathy is remanded. Entitlement to an initial evaluation higher than 20 percent prior to June 15, 2013 and to an evaluation higher than 40 percent on and after that date for service-connected lumbar spine degenerative disc disease is remanded. Entitlement to a total disability rating based on individual unemployability due to service-connected disability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from July 2002 to September 2003, with prior service in the Reserves since 1973. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from October 2006 and June 2008 rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the undersigned Veterans Law Judge in August 2013. The matter was most recently remanded by the Board in October 2019. During the pendency of the appeal, an October 2020 rating decision granted a separate evaluation for left lower extremity radiculopathy from the date of the grant of service connection for the underlying lumbar disorder. Thus, that issue is fully granted and no longer remains in appellate status. 1. Entitlement to a separate evaluation for right leg radiculopathy prior to September 15, 2014 is remanded. 2. Entitlement to an initial evaluation higher than 40 percent for service-connected left leg radiculopathy is remanded. 3. Entitlement to an initial evaluation higher than 40 percent for service-connected right leg radiculopathy is remanded. 4. Entitlement to an initial evaluation higher than 20 percent prior to June 15, 2013 and to an evaluation higher than 40 percent on and after that date for service-connected lumbar spine degenerative disc disease is remanded. 5. Entitlement to a total disability rating based on individual unemployability due to service-connected disability (TDIU) is remanded. The additional delay is regrettable, but remand is necessary to ensure compliance with the Board’s prior remand directives. Stegall v. West, 11 Vet. App. 268, 271 (1998). In October 2019, the Board remanded the matter to attempt to obtain relevant private treatment records identified by the Veteran. In December 2019, the Veteran returned the VA 21-4142 authorization for release of information and he identified Southeast Pain Management Center as the facility, but he did not include the dates of treatment. VA solicited records from Southern Pain Management Center, but the facility declined to provide them because the request did not specify the dates of treatment. See January 2020 report of general information. In January 2020, the Veteran called VA to report the relevant dates of treatment were from 2007 through 2017. Rather than resubmit the request with the corrected dates, VA contacted the Veteran in February 2020 and requested that he resubmit a VA 21-4142 that included the relevant dates. In July 2020, the Veteran contacted VA again to state he had already submitted the requested information. It does not appear that VA undertook any additional action to request the records from Southeast Pain Management Center with the dates of treatment. In light of VA’s failure to make a follow up request after the Veteran identified the relevant dates, remand is again necessary to attempt to obtain the outstanding private treatment records. Also, due to the passage of time VA should also ensure that all VA treatment records from March 2020 onward and associated with the claims file. The matters are REMANDED for the following action: 1. Contact the appropriate VA Medical Center and obtain and associate with the claims file all outstanding records of treatment from 2020 onward. If any requested records are not available, or the search for any such records otherwise yields negative results, that fact must clearly be documented in the claims file. Efforts to obtain these records must continue until it is determined that they do not exist or that further attempts to obtain them would be futile. The non-existence or unavailability of such records must be verified and this should be documented for the record. Required notice must be provided to the Veteran and his representative. 2. Contact the Veteran and request that he resubmit the necessary authorization form for outstanding private treatment records, to specifically include Southeast Pain Management Center for the dates 2007 through 2017 and records from his February 2017 lumbar surgery. Subsequently, and after securing the proper authorizations where necessary, make arrangements to obtain all the records of treatment or examination from all the sources listed by the Veteran which are not already on file. All information obtained must be made part of the file. All attempts to secure this evidence must be documented in the claims file, and if, after making reasonable efforts to obtain named records, they are not able to be secured, provide the required notice and opportunity to respond to the Veteran and his representative. K. MILLIKAN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Smith, 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.