Citation Nr: 21032228
Decision Date: 05/26/21	Archive Date: 05/26/21

DOCKET NO. 17-42 100
DATE: May 26, 2021

REMANDED

Entitlement to an increased rating in excess of 20 percent prior to September 24, 2017, in excess of 30 percent from September 24, 2017 to March 21, 2018, and in excess of 20 percent thereafter for cervical strain with degenerative disc disease is remanded.

Entitlement to an increased rating in excess of 10 percent prior to March 21, 2018, in excess of 20 percent from March 21, 2018 to December 4, 2020, and in excess of 10 percent thereafter for lumbar spine degenerative disc disease with intervertebral disc syndrome is remanded.

Entitlement to an increased rating in excess of 10 percent for left lower extremity radiculopathy is remanded.

REASONS FOR REMAND

The Veteran served on active duty from November 2009 to May 2011.

This matter is before the Board of Veterans' Appeals (Board) on appeal from a rating decision issued in July 2016 by a Department of Veterans Affairs (VA) Regional Office (RO). 

The Board remanded the issues on appeal for additional development in November 2018, and VA treatment records have since been associated with the file. As such, the directives have been substantially complied with and the matter is again properly before the Board. D'Aries v. Peake, 22 Vet. App. 97, 105 (2008); Stegall v. West, 11 Vet. App. 268, 271 (1998). The Board also granted service connection for migraine headaches, and therefore that issue is no longer on appeal. Ab v. Brown, 6 Vet. App. 35 (1993).

While on remand, in a February 2021 rating decision the RO granted an increased rating of 30 percent from September 24, 2017 to March 21, 2018 for the cervical spine disability and an increased rating of 20 percent from March 21, 2018 to December 4, 2020 for the low back disability. As these awards do not constitute a full grant of the benefits sought, the issues are still on appeal before the Board. Id.

1. Entitlement to an increased rating for a cervical spine disability, a lumbar spine disability, and left lower extremity radiculopathy.

In a March 2021 statement, the Veteran stated that she received private treatment for her claimed disabilities at several different locations, including Piedmont Interventional Pain Care, Walker Family Chiropractic, John Hopkins University, and Carolina Neurosurgery and Spine Associates. However, the most recent private treatment records from any facility associated with the file are from 2019. As the record indicates that there are outstanding private treatment records which may be relevant to the Veteran's claims, a remand is necessary so that the Veteran can be contacted and asked to either submit the records or authorize them for release. 38 C.F.R. § 3.159(c)(1).

The matters are REMANDED for the following action:

1. Contact the Veteran and request that she submit or authorize for release all private treatment records relevant to her claimed disabilities, to include from Piedmont Interventional Pain Care, Walker Family Chiropractic, John Hopkins University, and Carolina Neurosurgery and Spine Associates.

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).

 

 

LESLEY A. REIN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Wendell, 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.