Citation Nr: 21020979 Decision Date: 04/08/21 Archive Date: 04/08/21 DOCKET NO. 17-63 253 DATE: April 8, 2021 REMANDED 1. Entitlement to service connection for a lumbar spine disability, to include lumbosacral strain, is remanded. 2. Entitlement to service connection for sciatica of the left lower extremity, to include as secondary to a lumbar spine disability, is remanded. 3. Entitlement to service connection for sciatica of the right lower extremity, to include as secondary toa lumbar spine disability, is remanded. 4. Entitlement to service connection for a psychiatric disorder, to include generalized anxiety disorder and mood disorder and as secondary to a lumbar spine disability, is remanded. 5. Entitlement to service connection for irritable bowel syndrome (IBS), to include as secondary to a psychiatric disorder and a lumbar spine disability, is remanded. REASONS FOR REMAND The Veteran served on active duty from June 2004 to February 2009. In January 2020, the Veteran provided testimony in a Board videoconference hearing before the undersigned Veterans Law Judge (VLJ). A copy of the hearing transcript is associated with the claims file. 1. Entitlement to service connection for a lumbar spine disability, to include lumbosacral strain, is remanded. 2. Entitlement to service connection for sciatica of the left lower extremity, to include as secondary to a lumbar spine disability, is remanded. 3. Entitlement to service connection for sciatica of the right lower extremity, to include as secondary to a lumbar spine disability, is remanded. 4. Entitlement to service connection for a psychiatric disorder, to include generalized anxiety disorder and mood disorder and as secondary to a lumbar spine disability, is remanded. 5. Entitlement to service connection for irritable bowel syndrome (IBS), to include as secondary to a psychiatric disorder and a lumbar spine disability, is remanded. In the April 2020 remand, the Board asked that VA get permission from the Veteran to obtain treatment records from Riverside Chiropractic Center and/or Dr. Roland Amash. The agency of original jurisdiction (AOJ) wrote to the Veteran in April 2020 and May 2020 asking him to complete the enclosed VA Forms 21-4142, Authorization to Disclose Information to the Department of Veterans Affairs (VA), and VA Form 21-4142a, General Release for Medical Provider Information to the Department of Veterans Affairs (VA), so that VA could obtain these records. The Veteran did not respond to these two requests. In an August 2020 Appeal Checklist, the AOJ wrote that the Veteran did not respond to development request, and that the “BVA did not direct readjudication,” and, therefore, “No SSOC [is] warranted.” The AOJ is correct that the Board did not direct readjudication in the April 2020 remand. However, it assumed that readjudication would be performed regardless of whether the Veteran responded to the April 2020 and May 2020 development letters, as additional evidence had been received since the November 2017 statement of the case. See 38 C.F.R. §§ 19.31, 19.37(a). For example, additional evidence was received in June 2019, February 2020, and March 2020, which had not been considered by the AOJ. Thus, the Board finds that a remand is warranted for the additional evidence to be considered by the AOJ. Furthermore, the Board notes that although the Veteran was provided VA Forms 21-4142 and 21-4142a on two, separate occasions, the Veteran has not yet submitted both signed forms. The Board stresses that the duty to assist is a two-way street. If the Veteran wishes help, he must actively assist VA by providing the information requested by VA to support his claims. Wood v. Derwinski, 1 Vet. App. 190, 193 (1991). Since the Board is remanding the claims again, it will allow the Veteran another opportunity to submit the completed forms or submit the records. The matters are REMANDED for the following action: 1. The Veteran is asked to complete and submit VA Forms 21-4142, Authorization to Disclose Information to the Department of Veterans Affairs (VA), and VA Form 21-4142a,General Release for Medical Provider Information to the Department of Veterans Affairs (VA), to allow VA to request the treatment records from Riverside Chiropractic Center and/or Dr. Roland Amash. The Veteran may submit these records. 2. The AOJ should readjudicate the claims based on the entirety of the evidence, to include consideration of all additional evidence added to the record since the November 2017 statement of the case. A. P. SIMPSON Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Cheng, 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.