Citation Nr: 21039697
Decision Date: 07/01/21	Archive Date: 07/01/21

DOCKET NO. 16-45 662
DATE: July 1, 2021

REMANDED

The claim for entitlement to an initial rating in excess of 10 percent for a low back disability prior to November 11, 2019, is remanded.

The claim for entitlement to an initial rating in excess of 40 percent for a low back disability since November 11, 2019, is remanded.

REASONS FOR REMAND

The Veteran served in the United States Army from July 1970 to November 1970, from January 1980 to July 1984, from April 1985 to August 1985 and from November 1990 to September 1991. 

This matter is before the Board of Veterans' Appeals (Board) on appeal from a November 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

This case was remanded by the Board in November 2018 and has been returned for review.

1. Entitlement to an initial rating in excess of 10 percent for a low back disability prior to November 11, 2019 is remanded.

2. Entitlement to an initial rating in excess of 40 percent for a low back disability since November 11, 2019.

In response to the July 2020 supplemental statement of the case, the Veteran reported that he received emergency low back surgery on April 12, 2016, which was conducted by Dr. J. R. at Emory Orthopedic and Spine Hospital. He submitted a General Release for Medical Provider Information to VA (VA Form 21-4142). See Veteran's statement received July 20, 2020. However, it was partially filled in and did not contain critical information, specifically, the medical provider's information to include name and address. Later that month, the medical request was rejected by the medical contractor that is tasked to obtain this information. The claims file does not show that the Veteran was notified of the reason his VA Form 21-4142 was rejected, or otherwise given another chance to provide the correct information. While it appears that the claims file contains some records from this physician, the RO should help the Veteran in obtaining complete records. See medical records received in September 2016.

This matter is REMANDED for the following action:

Send the Veteran another VA Form 21-4142 and ask him to provide the necessary information regarding his low back surgery on April 12, 2016, conducted by Dr. J. R. at Emory Orthopedic and Spine Hospital.

 

 

B. G. LeMoine

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A.D. Jackson, 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.