Citation Nr: 21024105 Decision Date: 04/22/21 Archive Date: 04/22/21 DOCKET NO. 15-31 395A DATE: April 22, 2021 REMANDED Entitlement to service connection for a left foot disability is remanded. Entitlement to service connection for a right foot disability is remanded. Entitlement to service connection for a low back disability is remanded. Entitlement to service connection for radiculopathy of the left lower extremity is remanded. Entitlement to service connection for radiculopathy of the right lower extremity is remanded. Entitlement to service connection for fibromyalgia is remanded. Entitlement to service connection for a hysterectomy, claimed as female problems, is remanded. REASONS FOR REMAND The Veteran had honorable active duty service with the United States Army from September 1987 to October 1994. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a September 2013 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In April 2019, the Board remanded the issues on appeal for further development. The issues have returned to the Board for further appellate consideration. Although further delay is regrettable, the Board finds that a remand is necessary in this case to ensure that due process is followed and that there is a complete record upon which to decide the Veteran’s claims so that she is afforded every possible consideration. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159. The Board finds that potentially relevant medical treatment records are missing from the claims file. In a March 2021 informal hearing presentation (IHP), the Veteran’s representative indicated that there are missing VA and private treatment records. As indicated by the representative, an April 2020 VA treatment record shows that the Veteran reported that she underwent a magnetic resonance imaging (MRI) study in January 2020 in connection with her lumbar radiculopathy; however, she never received the results. Thus, the representative requested that any outstanding imaging reports to be associated with the claims file, as they may be relevant to the issues on appeal. Furthermore, the representative indicated that VA treatment records associated with the file on August 2019 show that the Veteran was approved for private medical treatment through the Veterans Choice Program for pain management for “other chronic pain” and noting epidural steroid injections of the lumbar spine. Unfortunately, records associated with such treatment have not been associated with the claims file. Therefore, remand is warranted to obtain these outstanding medical treatment records, as they may relevant to the issues on appeal. Thereafter, the Agency of Original Jurisdiction (AOJ) should review the record and conduct any additionally indicated development, to include obtaining any VA examinations and/or opinions deemed necessary for the adjudication of the instant claims. The matters are REMANDED for the following action: 1. Obtain and associate with the claims file any outstanding VA treatment records, to include a January 2020 MRI study and any other outstanding MRI studies. All efforts to obtain these records should be documented in the claims file. 2. With any necessary assistance from the Veteran, obtain and associate with the claims file outstanding records of private treatment the Veteran received for the issues on appeal through the Veterans Choice Program. All efforts to obtain these records should be documented in the claims file. 3. After all outstanding treatment records have been obtained, the AOJ should review the record and conduct any additionally indicated development, to include obtaining any VA examinations and/or opinions deemed necessary for the adjudication of the claims on appeal. 4. After completing all indicated development, the Veteran’s claims should be readjudicated based on the entirety of the evidence. If any benefit sought on appeal is not granted, the Veteran and her representative should be provided a Supplemental Statement of the Case (SSOC) and afforded the requisite opportunity to respond before the case is remanded to the Board. A. ADAMSON Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Y. MacDonald, Associate 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.