Citation Nr: 22018776 Decision Date: 03/30/22 Archive Date: 03/30/22 DOCKET NO. 08-01 941 DATE: March 30, 2022 REMANDED Entitlement to a disability rating in excess of 10 percent prior to October 12, 2021, and in excess of 20 percent thereafter for thoracolumbar spine intervertebral disc syndrome (IVDS) with degenerative arthritis status post (s/p) fusion L5-S1 is remanded. Entitlement to a disability rating in excess of 10 percent prior to October 12, 2021. and in excess of 20 percent thereafter for left lower extremity (LLE) sciatica is remanded. Entitlement to a disability rating in excess of 10 percent prior to October 12, 2021, and in excess of 20 percent thereafter for right lower extremity (RLE) sciatica is remanded. Entitlement to a total disability rating based on individual unemployability due to service-connected disability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1982 to August 2004. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a November 2006 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). In July 2017, the Board denied an increased rating for the Veteran's back disability. Thereafter, the Veteran appealed to the United States Court of Appeals for Veterans Claims (Court). In a May 2018 Joint Motion for Partial Remand (JMR), the Secretary of VA and the Veteran (the parties) moved the Court to vacate the July 2017 decision as to the denial of an increased disability rating for the Veteran's back disability. The Court granted the JMR in a June 2018 order. In May 2019, the Board remanded the case for further development. In a December 2021 rating decision, the RO increased the Veteran's ratings for his back disability, LLE sciatica, and RLE sciatica to 20 percent disabling each, effective October 12, 2021. As the grant of the 20 percent ratings, effective October 12, 2021, did not constitute a full grant of the benefits sought, the increased rating issue remains on appeal. AB v. Brown, 6 Vet. App. 35, 39 (1993). 1. Entitlement to a disability rating in excess of 10 percent prior to October 12, 2021 and in excess of 20 percent thereafter for thoracolumbar spine IVDS with degenerative arthritis s/p fusion L5-S1 is remanded. 2. Entitlement to a disability rating in excess of 10 percent prior to October 12, 2021, and in excess of 20 percent thereafter for LLE sciatica is remanded. 3. Entitlement to a disability rating in excess of 10 percent prior to October 12, 2021, and in excess of 20 percent thereafter for RLE sciatica is remanded. 4. Entitlement to a TDIU is remanded. Although the Board regrets the additional delay, a remand is necessary to ensure that due process is followed and that there is a complete record upon which to decide the Veteran's claims so that he is afforded every possible consideration. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159. VA's duty to assist requires reasonable efforts to ensure all relevant treatment records have been obtained and associated with the claims file. See 38 U.S.C. § 5103A; 38 C.F.R. § 3.159(c); see also Sullivan v. McDonald, 815 F.3d 786 (Fed. Cir. 2016). Review of the Veteran's electronic claims folder reflects that the most recent treatment records related to the Veteran's back and bilateral lower extremity (BLE) sciatica disabilities are from approximately 2008. The Veteran has consistently asserted that his claimed disabilities have worsened, and the December 2021 VA examination revealed that the severity of his disabilities did indeed warrant higher ratings. As such, treatment records from 2008 on are relevant to the Veteran's claims and therefore, remand is necessary. The Veteran's disability ratings for his thoracolumbar spine IVDS with degenerative arthritis s/p fusion L5-S1 and BLE sciatica may impact his evaluation for purposes of a TDIU. As a TDIU is dependent upon the degree of impairment from service-connected disabilities, it is inextricably intertwined with the increased rating claims being remanded. Remand of the inextricably intertwined TDIU claim is therefore required as well. Harris v. Derwinski, 1 Vet. App. 180 (1991). The matters are REMANDED for the following action: 1. Contact the Veteran and, with his assistance, obtain any outstanding records of pertinent medical treatment from VA or private health care providers related to the Veteran's service-connected disabilities from 2008 and after. The Veteran should specifically be asked to provide authorization for the release of treatment records from any private providers. Follow the procedures for obtaining the records set forth by 38 C.F.R. § 3.159(c). If VA attempts to obtain any outstanding records which are unavailable, the Veteran should be notified in accordance with 38 C.F.R. § 3.159(e). (Continued on the next page) 2. After completing the above, and any other development as may be indicated by any response received as a consequence of the actions taken in the preceding paragraphs, the Veteran's claims should be readjudicated based on the entirety of the evidence. If any benefit sought remains denied, furnish the Veteran and his representative a supplemental statement of the case (SSOC) and return the case to the Board. KRISTI L. GUNN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board L. Silverblatt, 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.