Citation Nr: 18150138 Decision Date: 11/14/18 Archive Date: 11/14/18 DOCKET NO. 15-42 726A DATE: November 14, 2018 REMANDED Entitlement to a rating in excess of 20 percent for peripheral neuropathy of the left lower extremity is remanded. Entitlement to a rating in excess of 20 percent for peripheral neuropathy of the right lower extremity is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from December 1968 to July 1971. He was awarded the National Defense Medal as well as the Vietnam Service Medal. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2014 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Pittsburgh, Pennsylvania. Although further delay is regrettable, the Board finds that additional development is necessary prior to appellate review. The Veteran seeks a disability rating in excess of 20 percent for his service-connected peripheral neuropathy of the lower right and left extremities. The Veteran contends that his condition has continually worsened. He states that he has episodes of losing his balance and that his legs hurt when he goes up the stairs. In July 2013, a VA examiner opined that the Veteran had moderate incomplete paralysis in the lower right and left extremities. The examiner noted that the Veteran suffered from mild paresthesias and/or dysesthesias as well as moderate numbness. Based on the July 2013 VA examination, the Agency of Original Jurisdiction (AOJ) denied the Veteran’s request for a disability rating higher than 20 percent. The Veteran filed a Notice of Disagreement contending that the VA examiner only asked him questions about his condition rather than conducting a physical examination. He argued that the VA examination was unfair and inadequate and requested that a new examination be completed by a different examiner. The AOJ started a claim for reconsideration as well as scheduled another examination and the Veteran withdrew his appeal. In April 2014, the Veteran underwent another VA examination with the same VA examiner as the 2013 examination. The examiner concluded that the Veteran had moderate incomplete paralysis in the right and left lower extremities. The Veteran alleges that he did not receive an adequate examination because the VA examiner once again failed to do a physical examination in order to assess the Veteran’s condition. The Veteran, through his counsel, requests that another examination be completed by a different examiner. The United States Court of Appeals for Veterans Claims has held that when a Veteran claims that a disability is worse than when originally rated, and the available evidence is too old to adequately evaluate the current state of the condition, the VA must provide a new examination. Olson v. Principi, 3 Vet. App. 480, 482 (1992). Here, the Veteran had repeatedly alleged that his condition is continually worsening and his last examination occurred in April 2014, over four years ago. Based on the foregoing, a remand is necessary to obtain another VA examination.   The matters are REMANDED for the following action: 1. Obtain updated VA treatment records. 2. Thereafter, schedule the Veteran for a VA examination with a different examiner, if possible, to determine the current severity of his service-connected peripheral neuropathy of the lower right and left extremities. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria. The examiner must attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and to the degree of functional loss during flare-ups. To the extent possible, the examiner should identify any symptoms and functional impairments due to peripheral neuropathy of the lower extremities alone and discuss the effect of the Veteran’s condition on any occupational functioning and activities of daily living. If it is not possible to provide a specific measurement, or an opinion regarding flare-ups, symptoms, or functional impairment without speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge, a deficiency in the record, or the examiner. The VA examiner shall complete all necessary testing and if no testing is required state why this is so. The Veteran has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 396 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board 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. §§ 5109B, 7112. Nathaniel J. Doan Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD C. Robinson, Associate Counsel