Citation Nr: 21021672
Decision Date: 04/13/21	Archive Date: 04/13/21

DOCKET NO. 12-20 919A
DATE: April 13, 2021

REMANDED

Entitlement to an initial rating for hemorrhoids in excess of 20 percent, as of August 30, 2017, is remanded.

Entitlement to an initial rating for hemorrhoids in excess of 10 percent, as of March 13, 2012, to August 29, 2017, is remanded.

Entitlement to an initial rating for hemorrhoids in excess of 0 percent, prior to March 13, 2012, is remanded.

Entitlement to an initial rating for rhinitis in excess of 10 percent, as of February 12, 2020, is remanded.

Entitlement to an initial rating for rhinitis in excess of 0 percent, prior to February 12, 2020, is remanded.

Entitlement to an initial rating for a lumbar spine disability in excess of 10 percent is remanded.

Entitlement to an initial rating for uterine leiomyoma in excess of 0 percent is remanded.

REASONS FOR REMAND 

1. Entitlement to an initial rating for hemorrhoids in excess of 20 percent, as of August 30, 2017, is remanded.

2. Entitlement to an initial rating for hemorrhoids in excess of 10 percent, as of March 13, 2012, to August 29, 2017, is remanded.

3. Entitlement to an initial rating for hemorrhoids in excess of 0 percent, prior to March 13, 2012, is remanded.

4. Entitlement to an initial rating for rhinitis in excess of 10 percent, as of February 12, 2020, is remanded.

5. Entitlement to an initial rating for rhinitis in excess of 0 percent, prior to February 12, 2020, is remanded.

6. Entitlement to an initial rating for a lumbar spine disability in excess of 10 percent is remanded.

7. Entitlement to an initial rating for uterine leiomyoma in excess of 0 percent is remanded.

Regarding all issues, the VA treatment records currently in evidence contain notations indicating that a VA employee scanned medical records into a VA hospital's imaging system, but do not contain any copies of the scanned records.  Any treatment records scanned into a VA hospital's imaging system are within VA's constructive possession and are considered potentially relevant to the issues on appeal.  Remand is required to allow VA to obtain those records.

The matters are REMANDED for the following action:

1. Obtain all outstanding VA treatment records.  Specifically, obtain the most recent VA treatment records not included in the record of evidence and the records noted as having been scanned into the Vista imaging system by VA Medical Center personnel, as noted in the VA treatment records in evidence, dated October 18, 2019 and March 21, 2016.  

 

 

Harvey P. Roberts

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T.M. Gillett

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.