Citation Nr: 22016952
Decision Date: 03/23/22	Archive Date: 03/23/22

DOCKET NO. 13-25 277A
DATE: March 23, 2022

REMANDED

Entitlement to a rating in excess of 10 percent prior to April 17, 2021, and in excess of 40 percent on and after April 17, 2021, for lumbar spine degenerative disc disease and degenerative joint disease is remanded.  

Entitlement to a rating in excess of 10 percent prior to March 5, 2014, and in excess of 80 percent on and after March 5, 2014, for right lower extremity sciatic nerve radiculopathy is remanded.

Entitlement to an initial rating in excess of 10 percent for right lower extremity femoral nerve radiculopathy is remanded.

Entitlement to a rating in excess of 10 percent prior to April 17, 2021, and in excess of 20 percent on and after April 17, 2021, for cervical spine degenerative joint disease is remanded.

Entitlement to an initial rating in excess of 20 percent for right upper extremity radiculopathy is remanded.

Entitlement to an initial rating in excess of 20 percent for left upper extremity radiculopathy is remanded.

REASONS FOR REMAND

The Veteran had active service from December 1991 to March 1997.  

Entitlement to a rating in excess of 10 percent prior to April 17, 2021, and in excess of 40 percent on and after April 17, 2021, for lumbar spine degenerative disc disease and degenerative joint disease; a rating in excess of 10 percent prior to March 5, 2014, and in excess of 80 percent on and after March 5, 2014, for right lower extremity sciatic nerve radiculopathy; an initial rating in excess of 10 percent for right lower extremity femoral nerve radiculopathy; a rating in excess of 10 percent prior to April 17, 2021, and in excess of 20 percent on and after April 17, 2021, for cervical spine degenerative joint disease; an initial rating in excess of 20 percent for right upper extremity radiculopathy; and an initial rating in excess of 20 percent for left upper extremity radiculopathy is remanded.

The report of an April 2021 spine examination conducted for the Department of Veterans Affairs (VA) states that the Veteran received ongoing chiropractic treatment, acupuncture, and physical therapy for his spine disabilities.  Clinical documentation of the cited treatment is not of record.  VA clinical documentation dated after April 2021 is not of record.  

VA should obtain all relevant VA and private treatment records which could potentially be helpful in resolving the Veteran's claims.  Murphy v. Derwinski, 1 Vet. App. 78 (1990); Bell v. Derwinski, 2 Vet. App. 611 (1992).   

The matters are REMANDED for the following action:

1. Ask the Veteran to complete a VA Form 21-4142 for each private healthcare provider who treated him for the service connected cervical spine, upper extremity radiculopathy, lumbar spine, and lower extremity radiculopathy disabilities.  Make two requests for the authorized records from all identified healthcare providers unless it is clear after the first request that a second request would be futile.  

2. Obtain the Veteran's VA treatment records not already of record, including those pertaining to treatment after April 2021.

 

 

J. T. HUTCHESON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Douglas

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.