Citation Nr: 21032518
Decision Date: 05/27/21	Archive Date: 05/27/21

DOCKET NO. 08-31 838
DATE: May 27, 2021

REMANDED

Entitlement to service connection for lumbosacral spine degenerative disc disease, to include as secondary to service-connected knee disability, is remanded.

Entitlement to service connection for left hip disability, to include as secondary to service-connected knee disability, is remanded.

Entitlement to service connection for right hip disability, to include as secondary to service-connected knee disability, is remanded.

Entitlement to service connection for bilateral lower extremity sciatica, to include as secondary to a back disorder, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from December 1959 to July 1965.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a November 2009 rating decision.

In April 2012, the Board remanded the case for additional development.

In June 2016, the Board denied the claims.  The Veteran appealed the June 2016 decision to the United States Court of Appeals for Veterans Claims (Court).  In February 2017, the Court granted the parties' January 2017 Joint Motion for Partial Remand (JMPR) which vacated and remanded the June 2016 decision as to the claims now on appeal.  In the JMPR, the parties agreed that the medical opinions did not adequately address the issue of aggravation of the non service-connected disabilities by the Veteran's service-connected bilateral knee disabilities.  The JMPR did not address, or find fault with, the Board's denial of service connection of such claims on a direct basis.  

In July 2017, December 2018, and January 2021, the Board remanded this matter for further development.  Unfortunately, another remand is warranted.

1. Entitlement to service connection for lumbosacral spine degenerative disc disease, to include as secondary to service-connected knee disability, is remanded.

2. Entitlement to service connection for left hip disability, to include as secondary to service-connected knee disability, is remanded.

3. Entitlement to service connection for right hip disability, to include as secondary to service-connected knee disability, is remanded.

4. Entitlement to service connection for bilateral lower extremity sciatica, to include as secondary to a back disorder, is remanded.

The Veteran seeks service connection for a back disability and bilateral hip disabilities, asserting that such disabilities are secondary to his service-connected bilateral knee disabilities.  The Veteran also seeks service connection for bilateral lower extremity sciatica as secondary to a back disability.

Review of the Veteran's VA treatment records shows that non-VA treatment records were scanned into the Veteran's VA medical file but are not in the Veteran's claims file, including treatment relating to the Veteran's spine disability.  See, e.g., March 2019 VA Treatment Record (noting February 12, 2019 scanned document relating to spine care); July 2020, February 2019, January 2019, February 2018, December 2017, March 2016, August 2015, July 2015, February 2015, December 2014, and October 2014 VA Treatment Records (noting scanned treatment records).  Accordingly, remand is warranted to obtain such records.

The matters are REMANDED for the following action:

1. Obtain any additional VA treatment records, to include VA treatment records from February 2021 to the present.  Associate with the claims file all potentially relevant documents scanned into Vista Imaging or CPRS but not associated with the Veteran's claims file, including the February 12, 2019 spinal treatment records and the July 2020, February 2019, January 2019, February 2018, December 2017, March 2016, August 2015, July 2015, February 2015, December 2014, and October 2014 treatment records scanned into the Veteran's VA medical records.

2. After the above development, and any additionally indicated development, has been completed, readjudicate the issues on appeal.

 

 

SHEREEN M. MARCUS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Purcell

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.