Citation Nr: 21042831
Decision Date: 07/14/21	Archive Date: 07/14/21

DOCKET NO. 16-26 263
DATE: July 14, 2021

REMANDED

Entitlement to an evaluation in excess of 20 percent for service-connected lumbosacral strain with degenerative joint disease is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1993 to August 1996.

In August 2019, the Board remanded the issue on appeal, as well as the issue of entitlement to service connection for posttraumatic stress disorder (PTSD) and major depressive disorder for further development.  In February 2021, a rating decision was issued granting service connection for PTSD with major depression.  This decision was a complete grant of benefits with respect to the issue of service connection pertaining to PTSD with major depression.  See Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997).  As such, the issue is no longer on appeal before the Board.  The Veteran has one year to disagree with the rating assigned, if he wishes to do so. 

With regard to the claim on appeal, the Board notes that additional medical records were associated with the claims file since the most recent February 2021 supplemental statement of the case (SSOC) was issued addressing this claim.  Recently obtained VA treatment records and Disability Benefits Questionnaires reference symptoms related to the Veteran's service-connected lumbosacral strain with degenerative joint disease and are, therefore, relevant.

On May 19, 2021, the Board sent the Veteran and his representative a letter asking whether he would like to waive review by the Agency of Original Jurisdiction (AOJ) of additional evidence associated with the file since the most recent SSOC.  The Veteran was notified that he had 45 days from the date of this letter to respond, and that, if he did not respond within 45 days, his appeal would be remanded to the AOJ for review.  Neither the Veteran nor his representative responded. As such, the  claim for an increased evaluation related to his service-connected back condition must be remanded in order to allow for AOJ consideration of this new evidence.

Additionally, on remand, all outstanding VA treatment records should be obtained. 

The matters are REMANDED for the following action:

1. Associate with the claims file all outstanding treatment records from the VA Portland Health Care System (and associated outpatient clinics) from April 2021 to present.  

2. Thereafter, readjudicate the issue on appeal.  If the determination remains unfavorable to the Veteran, he and his representative should be provided with a supplemental statement of the case (SSOC).

 

 

MICHELLE L. KANE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	L. Durham, 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.