Citation Nr: 22014802 Decision Date: 03/15/22 Archive Date: 03/15/22 DOCKET NO. 14-29 043A DATE: March 15, 2022 REMANDED The issue of an initial rating greater than 20 percent from March 1, 2010, to present for a right shoulder disability is remanded. The issue of an initial rating greater than 50 percent from March 1, 2010, to present, for psychiatric disability is remanded. The issue of an initial rating greater than 20 percent from March 1, 2010, to present, for thoracic and lumbar spine disability is remanded. The issue of an initial compensable rating from March 1, 2010, to August 19, 2019, to a rating greater than 20 percent from August 19, 2019, to February 26, 2021, and to a rating greater than 10 percent thereafter, for right lower extremity sciatic nerve radiculopathy is remanded. The issue of an initial compensable rating from March 1, 2010, to February 27, 2021, and to a rating greater than 10 percent from February 27, 2021, for right lower extremity femoral nerve radiculopathy is remanded. The issue of an initial compensable rating from March 1, 2010, to August 19, 2019, to a rating greater than 10 percent from August 19, 2019, to February 26, 2021, and to a compensable rating thereafter, for left lower extremity sciatic nerve radiculopathy is remanded. The issue of an initial rating greater than 10 percent from March 1, 2010, to present for right lateral collateral ligament sprain, tendonitis and status-post right tibia fracture is remanded. REASONS FOR REMAND The Veteran served on active duty from April 2006 to February 2010. This case comes before the Board of Veterans' Appeals (Board) on appeal from July 2010 and May 2014 rating decisions. The Veteran has a 100 percent combined schedular disability evaluation, effective August 2019. This case was remanded in September 2021. Additional development was ordered. In January 2022, a supplemental statement of the case was issued. The case has returned to the Board. 1. The issue of an initial rating greater than 20 percent from March 1, 2010, to present for a right shoulder disability is remanded. 2. The issue of an initial rating greater than 50 percent from March 1, 2010, to present, for psychiatric disability is remanded. 3. The issue of an initial rating greater than 20 percent from March 1, 2010, to present, for thoracic and lumbar spine disability is remanded. 4. The issue of an initial compensable rating from March 1, 2010, to August 19, 2019, to a rating greater than 20 percent from August 19, 2019, to February 26, 2021, and to a rating greater than 10 percent thereafter, for right lower extremity sciatic nerve radiculopathy is remanded. 5. The issue of an initial compensable rating from March 1, 2010, to February 27, 2021, and to a rating greater than 10 percent from February 27, 2021, for right lower extremity femoral nerve radiculopathy is remanded. 6. The issue of an initial compensable rating from March 1, 2010, to August 19, 2019, to a rating greater than 10 percent from August 19, 2019, to February 26, 2021, and to a compensable rating thereafter, for left lower extremity sciatic nerve radiculopathy is remanded. 7. The issue of an initial rating greater than 10 percent from March 1, 2010, to present for right lateral collateral ligament sprain, tendonitis and status-post right tibia fracture is remanded. The matters are REMANDED for the following action: 1. BACKGROUND FOR THE ADJUDICATOR: This matter is remanded to obtain and associate records to comply with the September 2021 remand order. Stegall v. West, 11 Vet. App. 268, 271 (1998). The September 2021 remand directed the RO to obtain and associate copies of records from a December 2018 emergency room visit and records from Whitman Medical Group from April 2016 and July 2016. The RO did not associate the December 2018 emergency room records or the July 2016 Whitman Medical Group records with the claims folder. As noted in the September 2021 remand, a VA record notes that the December 2018 emergency room note was scanned into VistA Imaging. The scanned copy has not been associated with the claims folder. Additionally, a VA record notes records from April 2016 and July 2016 were scanned using VistA Imaging. On remand, the RO requested only the April 2016 records and uploaded a copy of those records. The request did not mention the July 2016 records. The scanned July 2016 records have not been associated with the claims folder. THE REMAND DIRECTIVES FOLLOW: 2. Obtain any additional VA treatment records, to include VA treatment records from November 2021 to the present. Associate with the claims file all potentially relevant documents or IMAGES scanned into VistA Imaging or CPRS but not associated with the Veteran's claims file, INCLUDING THE JULY 2016 WHITMAN MEDICAL GROUP TREATMENT RECORDS AND THE DECEMBER 2018 EMERGENCY ROOM TREATMENT RECORDS. If appropriate, conduct any further medical or factual development. 3. Readjudicate the issues on appeal. Vito A. Clementi Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Reed, Counsel The Board's action is binding only in this case. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.