Citation Nr: 22017445 Decision Date: 03/25/22 Archive Date: 03/25/22 DOCKET NO. 12-18 737 DATE: March 25, 2022 REMANDED Entitlement to a disability rating in excess of 30 percent for a bilateral foot disorder, to include bilateral pes planus, mild to moderate foot metatarsus primus varus hallux valgus with associated mild bunion formation, bilateral hammertoe deformities, bilateral moderate-sized calcaneal enthesophytes/spurs, and osteopenia, is remanded. Entitlement to a disability rating exceeding 20 percent for a low back condition prior to September 5, 2017 is remanded. Entitlement to a disability rating exceeding 40 percent for a low back condition from September 5, 2017 is remanded. Entitlement to a disability rating exceeding 10 percent prior to May 26, 2015 for neuralgia, right sciatic nerve, is remanded. Entitlement to a disability rating exceeding 20 percent from May 26, 2015 to September 5, 2017 for neuralgia, right sciatic nerve, is remanded. Entitlement to a disability rating exceeding 40 percent from September 5, 2017 for neuralgia, right sciatic nerve, is remanded. Entitlement to a disability rating exceeding 10 percent prior to May 26, 2015 for neuralgia, left sciatic nerve, is remanded. Entitlement to a disability rating exceeding 20 percent from May 26, 2015 for neuralgia, left sciatic nerve, is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1975 to October 1975. By way of history, the Board issued a March 2018 decision denying these increased rating claims. Following the Veteran's appeal, the United Stated Court of Appeals for Veterans Claims (Court) promulgated an April 2019 Joint Motion for Remand (JMR) vesting the March 2018 decision and remanding these matters to the Board for action consistent with Court's directives. The Board thereafter remanded these matters to the Agency of Original Jurisdiction (AOJ) for development in September 2019, March 2021, and most recently in September 2021. Following the issuance of a November 2021 supplemental statement of the case yet again continuing the denial of the increased ratings sought by the Veteran, the case was returned to the Board for its adjudication. As a reminder, the Veteran testified at a January 2017 hearing before the undersigned Veterans Law Judge. In view of the facts found, and to provide broader consideration on appeal, the Board has recharacterized the claim of entitlement to an increased rating for bilateral pes planus, mild to moderate foot metatarsus primus varus hallux valgus with associated mild bunion formation, bilateral hammertoe deformities, bilateral moderate-sized calcaneal enthesophytes/spurs, and osteopenia, as one for a bilateral foot disorder, to include the aforementioned, separately diagnosable conditions. Similarly, the Board has recharacterized the claim seeking increased staged ratings for degenerative disc disease and arthritis of the thoracolumbar spine as claims for increased staged ratings for a low back condition. Entitlement to increased ratings for a bilateral foot disorder, a low back condition, and bilateral sciatic nerve neuralgia is remanded Following the Board's remand, the AOJ issued a November 23, 2021 supplemental statement of the case denying entitlement to the increased ratings the Veteran continues to seek on appeal. The claims file contains copies of VA opinion reports dated November 19, 2021. However, these opinion reports, which address the severity of each of the claimed service-connected disabilities, were not added to the claims file until November 30, 2021. The November 23, 2021 supplemental statement of the case does not list these opinion reports in the new evidence section, and these opinions reports are not discussed in the body of the document. As such, the Board must conclude that they were not considered by the AOJ prior to its issuance of the November 23, 2021 supplemental statement of the case. Remand is therefore needed for the AOJ to issue an updated supplemental statement of the case that considers this recent evidence before the Board can continue to adjudicate the various increased rating claims before it. The matters are REMANDED for the following action: Readjudicate the various increased ratings claims that remain on appeal, taking into full account the cited November 2021 VA opinion reports. If the maximum benefit sought for each separately claimed issue is not granted to the Veteran's satisfaction, promulgated for the Veteran and his representative a Supplemental Statement of the Case and provide an opportunity to respond before returning the case to the Board. A. C. MACKENZIE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Christopher M. Collins, 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.