Citation Nr: 21032329 Decision Date: 05/26/21 Archive Date: 05/26/21 DOCKET NO. 15-16 640 DATE: May 26, 2021 REMANDED Entitlement to an initial rating in excess of 10 percent for degenerative joint disease (DJD) of the lumbar spine for the periods from October 31, 2012 to December 5, 2012 and from February 1, 2013 to November 10, 2020 is remanded. Entitlement to a rating in excess of 40 percent for DJD of the lumbar spine for the period from November 10, 2020 forward, is remanded. Entitlement to a total disability individual unemployability rating (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1971 to January 1973. These matters come before the Board of Veterans' Appeals (Board) on appeal from 2014 rating decisions by a Department of Veterans Affairs (VA) Regional Office (RO). This matter was remanded in February 2019 for further development of obtaining a VA examination. At that time, the Board also remanded claims for service connection for bilateral hand and finger disabilities. While pending return to the Board, in February 2021, the RO granted service connection for abnormal vasomotor function of the bilateral hand/fingers with individual 10 percent ratings effective February 19, 2014. The Board considers this a full grant of the benefit sought on appeal. See Grantham v. Brown, 114 F.3d. 1156 (Fed. Cir. 1997). These matters are no longer before the Board for adjudication. Within this rating decision the RO also granted increase ratings for his DJD. The RO awarded a temporary 100 percent rating from December 5, 2012 to February 1, 2013; a 10 percent rating from February 1, 2013, to November 10, 2020; and a 40 percent rating thereafter. The period between December 5, 2012 to February 1, 2013 is no longer on appeal as a 100 percent rating is the highest rating possible. However, the remaining periods remain on appeal. See, AB v. Brown, 6 Vet. App. 35, 38 (1993). 1. Entitlement to an initial rating in excess of 10 percent for DJD lumbar spine for the periods from October 31, 2012 to December 5, 2012 and February 1, 2013 to November 10, 2020. 2. Entitlement to a rating in excess 40 percent for DJD lumbar spine for the period from November 10, 2020 forward. 3. Entitlement to a TDIU. Review of the claims file suggests there are relevant outstanding treatment records not in evidence. In that regard, the claims file is negative for private treatment records being requested since January 2014. Of note, this most recent 2014 request pertained only to treatment records dated prior to December 2012. The claims file is also devoid of any VA treatment records or any indication that the Veteran stopped receiving private care. That said, as indicated in the introduction, the Veteran has been awarded staged ratings throughout the pendency of the appeal. As a result, what remains is ascertaining the severity of the Veteran's condition during these distinct periods. In that regard, any accurate analysis of the severity of the Veteran's condition requires consideration of his complete medical records. Given the above indication of relevant outstanding treatment records that were never requested, a remand is required. Finally, the matter of entitlement to a TDIU rating is inextricably intertwined with the claim for increase that is remanded, and consideration of that matter must be deferred pending resolution of the increased rating claim. The matters are REMANDED for the following action: Ask the Veteran to verify all locations of treatment throughout the period on appeal to include VA and private treatment. Ask the Veteran to complete and return VA Form 21-4142, Authorization and Consent to Release Information, for any private treatment records identified by him as pertaining to his claims. After obtaining the completed VA Form 21-4142, make reasonable efforts to obtain any outstanding private treatment records. If VA treatment is reported these records should also be requested. Any records so obtained should be associated with the claims file. If these records cannot be located, provide the Veteran, and his representative, with notice and an opportunity to respond. The Board is particularly interested in all private treatment medical records dated since 2013. The Board is also particularly interested in records from the Laser Spine Institute, Lake District Hospital, and those prepared by Dr. T.G. DUSTIN L. WARE Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. L. Burroughs, 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.