Citation Nr: 22015747
Decision Date: 03/18/22	Archive Date: 03/18/22

DOCKET NO. 20-01 658
DATE: March 18, 2022

REMANDED

Entitlement to a rating in excess of 20 percent prior to August 15, 2017, and in excess of 40 percent therefrom for service-connected lumbar strain with intervertebral disc syndrome (back disability) is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the Unites States Army from January 1962 to April 1970 and from August 1971 to October 1983. He has had 100 percent combined schedular VA disability rating effective from August 15, 2017; and has been in receipt of special monthly compensation under 38 U.S.C. 1114(k) and 38 CFR 3.350(a) due to loss of use of a creative organ from August 21, 2017.

This matter comes before the Board of Veterans' Appeals (Board) from October 2016 and November 2019 rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO).

In his substantive appeal, the Veteran requested a hearing before a member of the Board, but canceled his request in a December 2021. See Hearing Related (January 2022).

Entitlement to a rating in excess of 20 percent prior to August 15, 2017, and in excess of 40 percent therefrom for back disability is remanded.

The Veteran seeks a higher rating for his service-connected back disability.

To ensure that VA has met its duty to assist, the Board finds that remand is necessary to obtain relevant outstanding private treatment records. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159(c).

In a statement received by VA in October 2017, Dr. S.R., a private orthopedic surgeon with Florida Orthopaedic Associates, reported that he has been treating the Veteran's lumbar spine disabilty; however, with the exception of a single August 2015 treatment note, no treatment records from this provider have been associated with the Veteran's claims folder nor does it apear that any attempt has been made to obtain these records. 

Additionally, a March 2021 VA outpatient treatment note shows  that the Veteran receives treatment from a number of private medical providers, including a private primary care provider and a private orthopedic specialist.  The note does not identify the names of these providers, but records from them are potentially relevant to the Veteran's increased rating claim and it does not appear that any private treatment records more recent than July 2016 have been associated with the Veteran's claims folder. 

Therefore, remand is necessary to afford the Veteran an opportunity to authorize release of these, and any other, relevant records to VA. See 38 U.S.C. § 5103A(b); 38 C.F.R. § 3.159(c)(1) (VA's duty to assist claimants includes making reasonable efforts to obtain relevant records not in the custody of a Federal department or agency, to include records from private medical care providers).

Accordingly, the matters are REMANDED for the following action:

1. Ask the Veteran to complete a VA Form 21-4142 for all non-VA medical providers seen for his service-connected back disability to include from Dr. S. Reed and Florida Orthopaedic Associates.  Make two requests for the authorized records from this provider, unless it is clear after the first request that a second request would be futile.

2. Conduct any other development deemed necessary and readjudicate.

 

 

C.A. SKOW

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	E.D. Anderson, 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.