Citation Nr: 21016017
Decision Date: 03/19/21	Archive Date: 03/19/21

DOCKET NO. 09-38 222
DATE:  March 19, 2021

REMANDED

Entitlement to an initial rating in excess of 20 percent prior to June 17, 2013, in excess of 10 percent from June 17, 2013 to June 6, 2018, and in excess of 20 percent thereafter, for lumbar degenerative joint disease (DJD), is remanded.

Entitlement to an initial rating in excess of 10 percent for cervical DJD is remanded. 

Entitlement to an initial rating in excess of 10 percent for right shoulder DJD is remanded. 

Entitlement to an initial compensable rating prior to March 20, 2019, and in excess of 30 percent thereafter, for lichen simplex chronicus is remanded.

REASONS FOR REMAND

The Veteran had active military service from January 2003 to January 2005 and September 2007 and October 2008, with additional active duty for training. 

These matters come before the Board of Veterans’ Appeals (Board) on appeal from a May 2009 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 December 2020.

The Veteran was last afforded VA examinations for his service-connected lumbar DJD in June 2018, cervical DJD in July 2013, right shoulder DJD in June 2018, and lichen simplex chronicus in March 2019. In December 2020, 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 the appealed service-connected disabilities.

The matters are 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 VA examinations to determine the current level of severity of all impairment resulting from his service-connected lumbar DJD, cervical DJD, right shoulder DJD, and lichen simplex chronicus. 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 reports comport with this remand, and undertake any other development determined to be warranted.

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4. Then, readjudicate the appeal. If a 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.