Citation Nr: 21032476 Decision Date: 05/27/21 Archive Date: 05/27/21 DOCKET NO. 16-46 787 DATE: May 27, 2021 REMANDED Entitlement to initial rating in excess of 10 percent for degenerative disc disease of the lumbar spine is remanded. Entitlement to initial compensable rating for maxillary and frontal sinusitis is remanded. Entitlement to initial rating in excess of 10 percent for hypothyroidism is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1988 to September 2012. This matter comes before the Board of Veterans' Appeals (Board) from an August 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The matter was remanded in December 2018 to afford the Veteran new VA examinations for each of his disabilities and to obtain updated treatment records for the claimed conditions. Entitlement to initial rating in excess of 10 percent for the lumbar spine Entitlement to initial compensable rating for sinusitis Entitlement to initial rating in excess of 10 percent for hypothyroidism Although the Board sincerely regrets the additional delay, a remand is necessary to ensure that there is a complete record upon which to decide the Veteran's claim and to afford him every possible consideration. The United States Court of Appeals for Veterans Claims (Court) has held "that a remand by this Court or the Board confers on the veteran or other claimant, as a matter of law, a right to compliance with the remand orders." Stegall v. West, 11 Vet. App. 268, 271 (1998). As such, compliance with the terms of the remand is necessary prior to further appellate review, and if not, "the Board itself errs in failing to ensure compliance." Id. In August 2014, the Veteran reported that after retiring from active duty he experienced several episodes of his sinus condition per year that required antibiotic treatment. See August 2014 Notice of Disagreement (NOD). In April 2015, the Veteran reported receiving treatment for various medical conditions at Raleigh Radiology, Triangle Orthopedics and West Cary Family Physicians. See April 2015 VA 21-0820 Report of General Information. In August 2016, the Veteran reported that he received private treatment for his thyroid condition from his private physician. See VA Form 9, August 2016. Additionally, as to his sinus condition, the Veteran reported that his primary care physician referred him to a private specialist that performed a "specialized surgical procedure" to remove something from his throat. Id. In the December 2018 remand instructions, the RO was to ask the Veteran to complete a VA Form 21-4142 (Authorization to Disclose Information) and VA Form 21-4142a (General Release for Medical Provider Information) for all medical providers that treated him for his back, sinus, and hypothyroid disorders since 2012. The Board acknowledges the RO sent the Veteran the VA forms on two separate dates requesting that he identify any VA or private treatment records related to his claim. See VA Subsequent Development Letters, dated October 2019 and December 2019. However, while the Veteran did not provide a response to the request for information, the Board notes that the October 2019 VA letter was returned to the VA in the mail as undeliverable. Thus, the Board must assume the Veteran did not receive the VA's request for information in, at least, October 2019. In this case, the Board finds that another remand is needed in order to ensure compliance with the Board's previous remand instructions and to ensure the Veteran's claims file is complete. See Stegall v. West, 11 Vet. App. 268, 271 (1998). As such, the Board finds that there are no private or VA treatment records for this Veteran currently in the claims file, despite the Veteran identifying multiple private treatment records throughout the appeal that may be relevant to his claim. Because the clinical records of his treatment, if obtained, could bear on the outcome of the Veteran's appeal, further efforts must be made to procure them. 38 U.S.C. § 5103; 38 C.F.R. § 3.159(c); see also 38 C.F.R. § 3.159(e). The matters are REMANDED for the following action: 1. Ask the Veteran to complete VA authorization and release forms for all medical providers that treated him for his back, sinus, and hypothyroid disorders since 2012. Make two requests for the authorized records from all identified sources, unless it is clear after the first request that a second request would be futile. If any such records are unavailable, whether due to the Veteran's lack of response, or otherwise, the Veteran's claim file must be clearly documented to that effect and the Veteran notified in accordance with 38 C.F.R. § 3.159(e). If possible, the Veteran himself should attempt to obtain these records in order to expedite the case. 2. Obtain the Veteran's VA treatment records for the period from September 2012 to the present. If possible, ask the Veteran to identify any VA facility where treatment was sought from September 2012. If any such records are unavailable, whether due to the Veteran's lack of response, or otherwise, the Veteran's claim file must be clearly documented to that effect and the Veteran notified in accordance with 38 C.F.R. § 3.159(e). 3. After the above development has been completed, and after any additional development is completed, as required, readjudicate the issues on appeal. John J. Crowley Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Christopher M. Davidson 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.