Citation Nr: A25037745
Decision Date: 04/24/25	Archive Date: 04/24/25

DOCKET NO. 240702-452610
DATE: April 24, 2025

REMAND

Entitlement to a rating in excess of 20 percent for left lower extremity (LLE) radiculopathy is remanded.  

REASONS FOR REMAND

The Veteran served on active duty from the Navy from August 1990 to March 2016.

This matter is before the Board of Veterans' Appeals (Board) on appeal from a June 2024 rating decision (RD) by a Department of Veterans Affairs Regional Office (RO).  See June 2024 Rating Decision - Narrative.

In the July 2024 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement) (NOD), the Veteran requested a Direct Review by a Veterans Law Judge.  The Board notes that under the direct review option, no additional evidence received after the appealed RD is to be considered; rather, review is limited to the evidence on record at the time of the decision.  See July 2024 VA Form 10182 Notice of Disagreement.  

If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence.  38 C.F.R. §?3.2501.  If the evidence is new and relevant, VA will issue another decision on the claims, considering the new evidence in addition to the evidence previously considered.  Id.  Specific instructions for filing a Supplemental Claim are included with this decision.  

The Board finds that a pre-decisional duty to assist error occurred prior to the June 2024 rating decision on appeal.  In a November 2023 VA Community Care-Patient Letter, the Veteran's authorization request for continuity of care for chiropractic care had been approved.  The name and address of the provider was included.  During his March 2024 VA examination for peripheral nerve conditions, the Veteran mentioned that he had been seeing a chiropractor for his lumbar spine and left lower extremity disabilities.  However, such records have not been associated with the claims file.  Therefore, as a duty to assist existed at the time of the rating decision, a remand is necessary to obtain these records.  38 C.F.R. § 20.802(a).

The matter is remanded for the following:

After securing any necessary release, obtain any outstanding records from Family and Sports Chiropractic Center Inc., dated prior to the June 2024 rating decision on appeal, that pertain to his lumbar spine and left lower extremity radiculopathy.

 

 

S. HENEKS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Simmons, Shanita K.

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.