Citation Nr: 21025043
Decision Date: 04/27/21	Archive Date: 04/27/21

DOCKET NO. 18-08 559
DATE: April 27, 2021

REMANDED

Entitlement to an initial rating in excess of 10 percent for a low back disability prior to August 27, 2019 is remanded.

Entitlement to an initial rating in excess of 20 percent for a low back disability beginning August 27, 2019 is remanded.

REASONS FOR REMAND

The Veteran served on active duty from November 1965 to May 1969.

This appeal to the Board of Veterans’ Appeals (Board) is from a January 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

This issue was remanded in May 2019.

An August 2019 rating decision assigned separate ratings for the orthopedic and neurological manifestation of the lumbar disability and increased the lumbar disability to 20 percent, effective August 27, 2019.

In October 2019, the Veteran’s attorney attempted to opt into the new Appeals Modernization Act (AMA) claims processing system, which became effective on February 19, 2019, by filing VA Form 20-0996.  However, since he did not withdraw the appeal from the Legacy claims processing system the request for Higher Level Review under AMA cannot be accepted and the appeal remains in the Legacy system.

1. Entitlement to an initial rating in excess of 10 percent prior to August 27, 2019 is remanded.

2. Entitlement to an initial rating in excess of 20 percent beginning August 27, 2019 is remanded.

The appeal for a higher rating was adjudicated in an August 2019 supplemental statement of the case (SSOC).  Although the Veteran had a VA examination for his low back disability in March 2020, the RO did not readjudicate the claim.  

The Board sent the Veteran correspondence on March 2, 2021 informing him that additional evidence relevant to the appeal was added to the record and gave him 45 days to waive initial RO consideration of the evidence.  As that time period has expired and the Board has not received a response, the matter must be remanded to allow the RO an opportunity to review the evidence.

The matter is REMANDED for the following action:

(Continued on the next page)

 

1. Ask the Veteran to identify all treatment providers for his low back disability and with his assistance take the necessary steps to obtain copies of treatment records from the identified providers.

2. After #1 is completed, readjudicate the claim, to include all relevant evidence received since the August 2019 SSOC.

 

 

S. HENEKS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. Bredehorst

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.