Citation Nr: 22005663
Decision Date: 02/02/22	Archive Date: 02/02/22

DOCKET NO. 18-35 472
DATE: February 2, 2022

REMANDED

The claim for a rating in excess of 70 percent for posttraumatic stress disorder (PTSD) is remanded.

The claim for a rating in excess of 10 percent for right lower extremity radiculopathy is remanded.

The claim for a rating in excess of 10 percent for left lower extremity radiculopathy is remanded. 

The claim for a rating in excess of 20 percent for a low back disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January to May 2001 and September 2001 to October 2003. This case comes before the Board of Veterans' Appeals (Board) on appeal from a March 2016 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).  In connection with this appeal, the Veteran testified at a hearing before the undersigned Veterans Law Judge in January 2022. 

Regarding the Veteran's claims, she was last afforded a VA examinations for her PTSD and spine in February 2016.  At the January 2022 hearing, the Veteran testified that her PTSD, lumbar spine, and right and left lower extremity radiculopathy symptoms had worsened since her last VA examinations of those disabilities.  As such, new examinations are required to evaluate the current nature and severity of the Veteran's PTSD, lumbar spine disability and bilateral lower extremity radiculopathy.

A remand is also required to obtain VA treatment records, dated from 2018 to the present. As these outstanding records might contain evidence as to the severity of the service-connected PTSD, lumbar spine and right and left lower extremity radiculopathy, they are potentially relevant to the claims on appeal. 

The matters are REMANDED for the following action:

1. Obtain VA treatment records from 2018 to the present. 

2. Schedule the Veteran for a VA examination to assess the nature and severity of her service connected PTSD.

3. Schedule the Veteran for a VA examination to assess the nature and severity of her service connected lumbar spine disability.

4. Schedule the Veteran for a VA examination to assess the nature and severity of her service connected radiculopathy of the right and left lower extremities.  

 

MATTHEW W. BLACKWELDER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Carole Kammel, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.