Citation Nr: 21024998 Decision Date: 04/27/21 Archive Date: 04/27/21 DOCKET NO. 16-02 228 DATE: April 27, 2021 REMANDED Initial evaluation for spina bifida occulta, L5-S1 grade 1 anterolisthesis, in excess of 10 percent prior to April 6, 2018, in excess of 20 percent from April 6, 2018, and in excess of 40 percent from January 7, 2021, is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1968 to July 1971. The Board remanded the claim for an initial evaluation in excess of 10 percent for spina bifida occulta, L5-S1 grade 1 anterolisthesis, in October 2020. A January 2021 rating decision assigned a 20 percent evaluation, effective April 6, 2018, and a 40 percent evaluation, effective January 7, 2021. The rating decision also granted service connection for left lower extremity radiculopathy and right lower extremity radiculopathy, each evaluated as 10 percent disabling, effective April 6, 2018. In February 2021, the Veteran requested higher-level review (HLR) for each of the issues decided in the January 2021 rating decision, and requested an Informal Conference. The Veteran's low back claim remains under the legacy system, not the Appeals Modernization Act (AMA), as the initial rating decision occurred before February 19, 2019, and the Veteran did not later opt-in to AMA. 38 C.F.R. § 3.2400(a)(1). The radiculopathy claims are under the AMA system, as service connection was granted in a rating decision after February 19, 2019. Id. Initial evaluation for spina bifida occulta, L5-S1 grade 1 anterolisthesis, in excess of 10 percent prior to April 6, 2018, in excess of 20 percent from April 6, 2018, and in excess of 40 percent from January 7, 2021, is remanded. The Board notes that VA CAPRI records reflect that in 2019 and 2020 the Veteran underwent chiropractic community care of the low back. The VA CAPRI records do not contain any corresponding treatment records. The VA CAPRI records also reflect that outside medical records and chiropractic community care records, the latter including initial visit treatment notes and consult notes, had been scanned. These scanned documents are not part of the Veteran’s VA eFolder. A remand is required for VA to associate copies of all records of chiropractic community care of the Veteran's low back with the virtual VA benefits file. See 38 C.F.R. § 3.159 (c)(3) (in a claim for disability compensation, VA will make efforts to obtain records of examination or treatment at non-VA facilities authorized by VA). Since this claim is being remanded, the eFolder should also be updated to include all outstanding VA treatment records dated after December 7, 2020, the date of printing of the most recent VA CAPRI records in the Veteran's eFolder. The matter is REMANDED for the following action: 1. Please obtain and associate with the Veteran’s eFolder copies of all outstanding VA treatment records dated from December 7, 2020 to the present. 2. Please obtain and associate with the Veteran’s eFolder all records of chiropractic community care of the Veteran’s low back authorized by VA in June 2019 and 2020, including records from Chiro Health. Please print out and upload into VBMS any records that have been scanned into VA systems as the Board does not have access to the scanned documents (see, for example, April 29, 2020 VA treatment record in CAPRI indicating Chiro Health consult notes dated April through July 2020). If a release form is needed to request any records, please ask the Veteran to complete such form. M. C. GRAHAM Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Davitian, 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.