Citation Nr: 21023405
Decision Date: 04/20/21	Archive Date: 04/20/21

DOCKET NO. 15-06 102
DATE: April 20, 2021

REMANDED

Entitlement to an initial rating in excess of 10 percent for degenerative disc disease of the lumbar spine (DDD) prior to February 5, 2019 and in excess of 20 percent thereafter is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Air Force from July 2004 to February 2005, May 2006 to July 2006, and October 2007 to February 2008, including a prior period of in active duty training (INACDUTRA). This matter is before the Board of Veterans’ Appeals (Board) on appeal from a February 2014 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).

The Board remanded these matters in March 2018 and January 2021 for additional development.

Unfortunately, the Veteran’s appeal must be remanded for further development. Although the Board regrets the additional delay, it is necessary to ensure that there is a complete record upon which to decide this issue so that the Veteran is afforded every possible consideration.

1. Entitlement to an initial rating in excess of 10 percent for degenerative disc disease of the lumbar spine (DDD) prior to February 5, 2019 and in excess of 20 percent thereafter is remanded.

The Veteran seeks an initial increased rating for his service-connected low back disability, which is currently rated 10 percent disabling prior to February 5, 2019 and 20 percent disabling thereafter. In a February 2021 letter, the Veteran indicated that he receives on-going treatment for his low back disability from a private primary care physician, chiropractor and pain management specialist. While some private treatment records are associated with the file, the most recent records are from approximately 2013 or 2014. Moreover, a March 2020 ledger of private healthcare treatment shows that the Veteran is receiving treatment at several private facilities, to include Las Cruces Physician Services and Del Valle Physical Therapy. However, the Board notes that these medical records are not of record.

As there is an indication that there may be further outstanding private treatment records relevant to the Veteran’s claim for an increased rating for a low back disability, a remand is necessary so that the Veteran can be asked to either submit any relevant records or authorize them for release.

The matter is REMANDED for the following action:

1. Contact the Veteran and request that he submit or authorize for release all private treatment records relevant to his low back disability.

For private treatment records, make at least two (2) attempts to obtain records from any identified sources. If any such records are unavailable, inform the Veteran and afford him an opportunity to submit any copies in his possession.

For all records authorized for release, if the search for these records is negative, that should be documented in the claims file, and the Veteran must be informed of this in writing in accordance with 38 C.F.R. § 3.159(e).

 

 

B. G. LeMoine

Acting Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Rosenthal, Ariana

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.