Citation Nr: 1304030 Decision Date: 02/05/13 Archive Date: 02/08/13 DOCKET NO. 12-34 614 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Columbia, South Carolina THE ISSUE Entitlement to a certificate of eligibility for financial assistance in the purchase of an automobile or other conveyance and adaptive equipment, or for adaptive equipment only. ATTORNEY FOR THE BOARD Christopher Murray, Counsel INTRODUCTION Please note this appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c) (2012). 38 U.S.C.A. § 7107(a)(2) (West 2002). The Veteran had active military service from November 1956 to November 1958. This case comes before the Board of Veterans' Appeals (Board) on appeal of a May 2010 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Columbia, South Carolina. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the appellant if further action is required. REMAND The Veteran has been awarded service connection for degenerative disk disease of the lumbar spine with scoliosis and bilateral radiculopathy of the lower extremities with peripheral neuropathy. He asserts that these conditions warrant entitlement to automobile and adaptive equipment or adaptive equipment only. The Veteran has not been provided a VA examination in conjunction with his claim. Pertinent to the instant appeal, to warrant entitlement to automobile and adaptive equipment, the evidence must demonstrate a service-connected disability results in the loss, or permanent loss of use, of one or both feet or one or both hands. 38 C.F.R. § 3.808(a) (2012). Loss of use of a foot will be held to exist when no effective function remains other than that which would be equally well served by an amputation stump at the site of election below the knee with use of a suitable prosthetic appliance. The determination will be made on the basis of the actual remaining function, whether the acts of balance and propulsion, etc., could be accomplished equally well by an amputation stump with prosthesis. 38 C.F.R. §§ 3.350(a)(2), 4.63. VA treatment records indicate the Veteran suffers from peripheral neuropathy of the bilateral lower extremities with decreased sensation and parethesias, worse on the bottom of the foot. See, e.g., April 2010 VA neurology note. The Veteran has stated that this decreased sensation is exacerbated with driving as he becomes unable to feel the brake pedal. A July 2010 VA peripheral nerves examination notes the Veteran has radicular pain to the bilateral lower extremities with numbness in the bilateral feet during the pain but not weakness to the lower extremities. Strength was 4/5 in the bilateral lower extremities, but deep tendon reflexes were absent at the knee and diminished at the ankles bilaterally. It is apparent from the record that the Veteran suffers from service-connected disabilities that affect his mobility. However, it cannot be determined from the record whether these disabilities are severe enough that they cause the Veteran's feet to be useless based on the provided definition. As such, a remand is necessary to determine the extent of the Veteran's remaining foot function. Accordingly, the case is REMANDED for the following action: (Please note, this appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c) (2012). Expedited handling is requested.) 1. Schedule the Veteran for a VA examination to determine whether his service-connected disabilities result in the loss or permanent loss of use of one or both feet. The entire claims file (i.e. the paper claims file and any medical records contained in Virtual VA, CAPRI, and AMIE) must be reviewed by the examiner in conjunction with the examination. If the examiner does not have access to Virtual VA, any relevant treatment records contained in Virtual VA file that are not available on CAPRI or AMIE must be printed and associated with the paper claims file so they can be available to the examiner for review. All indicated tests should be performed and the findings reported in detail. Following a review of the record and an examination of the Veteran, the examiner should offer an opinion as to whether it is at least as likely as not (probability of at least 50 percent) that the Veteran's service-connected disabilities result in the loss or permanent loss of use of one or both feet. To make this determination, the examiner must consider whether the Veteran's actual remaining foot function, including balance and propulsion, could be accomplished equally well by an amputation stump with prosthesis. A detailed rationale must be provided for all opinions. If it cannot be determined whether the Veteran has loss of use of one or both feet on a medically scientific basis and without invoking processes related to guesses or based upon mere conjecture, the examiner should clearly and specifically state so in the examination report, with an explanation as to why this is so. 2. After completing the above, and any other development deemed necessary, readjudicate the Veteran's claim based on the entirety of the evidence. If the benefits sought on appeal are not granted to the appellant's satisfaction, he and his representative should be provided with a supplemental statement of the case. An appropriate period of time should be allowed for response. The appellant has the right to submit additional evidence and argument on the matter the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2012). _________________________________________________ KELLI A. KORDICH Acting Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (2012).