Citation Nr: A25035368 Decision Date: 04/16/25 Archive Date: 04/16/25 DOCKET NO. 240429-436553 DATE: April 16, 2025 ORDER Entitlement to an initial rating higher than 30 percent for service-connected migraine headaches prior to October 20, 2022, is remanded. Entitlement to an effective date earlier than October 20, 2022, for the assigned 10 percent rating for service-connected allergic and non-allergic rhinitis with hypertrophy of nasal turbinates (hereinafter "rhinitis") is remanded. Entitlement to an effective date earlier than October 20, 2022, for the assigned 20 percent rating for service-connected lumbosacral strain with lumbar paraspinal muscle spasm, intervertebral disc syndrome, and levoconvex scoliosis (hereinafter "low back disability") is remanded. Entitlement to an effective date earlier than October 20, 2022, for the assigned 50 percent rating for service-connected bilateral flat foot with bilateral plantar fasciitis (hereinafter "bilateral foot disability") is remanded. Entitlement to an effective date earlier than October 20, 2022, for the award of service connection for left lower extremity femoral radiculopathy is remanded. Entitlement to an effective date earlier than October 20, 2022, for the award of service connection for right lower extremity femoral radiculopathy is remanded. Entitlement to an effective date earlier than October 20, 2022, for the award of entitlement to Dependents' Educational Assistance under 38 U.S.C. Chapter 35 (hereinafter "DEA") is remanded. REASONS FOR REMAND The Veteran served on active duty from February 2015 to August 2021. This matter comes before the Board of Veterans' Appeals (Board) on appeal of a February 2024 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). The February 2024 rating decision was issued in response to the Veteran's February 2023 VA Form 20-0996, Decision Review Request: Higher-Level Review, which she submitted as to a February 2023 rating decision. In April 2024, the Veteran submitted VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), appealing the February 2024 rating decision to the Board. She elected the Direct review option; therefore, the Board may only consider the evidence of record at the time of the February 2023 rating decision. 38 C.F.R. § 20.301. After issuance of the February 2023 rating decision, the RO associated additional evidence with the claims file. The Board cannot consider such evidence. 38 C.F.R. § 20.301; see also Cook v. McDonough, 36 Vet. App. 175 (2023). To the extent this evidence may relate to the claims remanded below, such evidence will be considered by the RO in adjudication of such. 38 C.F.R. § 3.103(c)(2)(ii). Under the AMA, the Board must remand appeals to the RO to correct pre-decisional duty to assist errors. See 38 C.F.R. § 20.802(a). Here, the Board's review of the record reveals a duty to assist error, as discussed below. As to all issues, it appears identified federal treatment records are outstanding. Prior to issuance of the February 2023 rating decision, in August 2022, the Veteran reported receiving post-service treatment at Fort Leonard Wood, Missouri apart from her VA treatment. See August 2022 Statement in Support of Claim. Separately, the Veteran reported, to her VA provider, that she received non-VA treatment from "FLW pcp" (presumably meaning Fort Leonard Wood primary care provider as she reported such in the course of her treatment at Fort Leonard Wood VA Community-Based Outpatient Center), and that she obtained care/labs/medications through a Department of Defense provider. See February 2022 Primary Care Note. In light of this evidence, the Board finds that the fact that she received relevant post-service treatment at a Department of Defense facility at Fort Leonard Wood, Missouri was adequately identified, and records of such appear to be in the custody of a federal department or agency. These treatment records appear particularly relevant to ascertaining the severity of the service-connected disabilities on appeal as she specifically stated that she was followed by her outside provider as to rhinitis and generally reported receiving most of her care through a Department of Defense provider. The RO did not undertake any effort to obtain records of such treatment prior to issuance of the February 2023 rating decision, which constitutes a pre-decisional error requiring remand. See 38 C.F.R. § 3.159(c)(2). The Veteran's eligibility for Dependents' Educational Assistance under 38 U.S.C. Chapter 35 depends on her rating assigned, as this benefit requires that she have a service-connected disability that is rated permanent and total. 38 U.S.C. §§ 3500, 3501, 3510; 38 C.F.R. §§ 3.807(a), 21.3021. As a decision on the remanded claims could significantly impact a decision on entitlement to an earlier effective date for Dependents' Educational Assistance benefits, the issues are inextricably intertwined. The matters are REMANDED for the following action: Obtain the Veteran's post-service treatment records from General Leonard Wood Army Community Hospital at Fort Leonard Wood, Missouri. MICHELLE L. KANE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Tierno 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.