Citation Nr: 18151624 Decision Date: 11/19/18 Archive Date: 11/19/18 DOCKET NO. 14-20 698A DATE: November 19, 2018 REMANDED Entitlement to an initial rating in excess of 10 percent for diabetic peripheral neuropathy of the right upper extremity prior to June 5, 2017, and a rating in excess of 40 percent thereafter is remanded. Entitlement to an initial rating in excess of 10 percent for diabetic peripheral neuropathy of the left upper extremity prior to June 5, 2017, and a rating in excess of 30 percent thereafter is remanded. Entitlement to an initial rating in excess of 10 percent for diabetic peripheral neuropathy of the right lower extremity prior to June 5, 2017, and a rating in excess of 20 percent thereafter is remanded. Entitlement to an initial rating in excess of 10 percent for diabetic peripheral neuropathy of the left lower extremity prior to June 5, 2017, and a rating in excess of 20 percent thereafter is remanded. REASONS FOR REMAND The Veteran had active duty service from February 1967 to February 1969. These matters come before the Board of Veterans’ Appeals (Board) on appeal from a September 2011 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO), which, in pertinent part, granted service connection for diabetic neuropathy of the right lower extremity, left lower extremity, right upper extremity, and left upper extremity and assigned 10 percent disability ratings, respectively, effective September 1, 2010. Although an appeal was not perfected from this rating decision, new and material evidence in the form of clinical records were received within a year of its issuance, and thus it never became final. The Veteran and his wife testified before the undersigned Veterans Law Judge (VLJ) at a Board hearing in July 2017. A copy of the transcript has been reviewed and associated with the claims file. In a September 2017 rating decision, the RO, in pertinent part, increased the rating for the right upper extremity diabetic peripheral neuropathy to 40 percent, increased the rating for the left upper extremity diabetic peripheral neuropathy to 30 percent, and increased the ratings for the left lower and right lower extremities to 20 percent, respectively, which were all effective June 5, 2017. 1. Entitlement to an initial rating in excess of 10 percent for diabetic peripheral neuropathy of the right upper extremity prior to June 5, 2017, and a rating in excess of 40 percent thereafter is remanded; 2. Entitlement to an initial rating in excess of 10 percent for diabetic neuropathy of the left upper extremity prior to June 5, 2017, and a rating in excess of 30 percent thereafter is remanded; 3. Entitlement to an initial rating in excess of 10 percent for diabetic neuropathy of the right lower extremity prior to June 5, 2017, and a rating in excess of 20 percent thereafter is remanded; 4. Entitlement to an initial rating in excess of 10 percent for diabetic neuropathy of the left lower extremity prior to June 5, 2017, and a rating in excess of 20 percent thereafter is remanded. The appellate process set forth in 38 U.S.C. § 7104(a) contemplates that all evidence will first be reviewed by the Agency of Original Jurisdiction (AOJ) so as not to deprive the claimant of an opportunity to prevail on his claims at that level. See generally Disabled American Veterans v. Secretary of Veterans Affairs, 327 F.3d 1339 (Fed. Cir. 2003). When the AOJ receives pertinent evidence relevant to a claim properly before it that is not duplicative of evidence already discussed in the statement of the case (SOC) or in a supplemental statement of the case (SSOC), it must prepare an SSOC addressing that evidence. 38 C.F.R. § 19.31(b)(3). In August 2017 the Veteran was afforded a VA examination to assess the severity of his diabetic peripheral neuropathy of his bilateral upper and lower extremities. The AOJ readjudicated the issue in a September 2017 rating decision. However, the AOJ did not prepare an SSOC considering this newly received VA-generated evidence. Furthermore, the latest SSOC issued in May 2016 did not acknowledge and/or discuss the April 2016 diabetic sensory-motor peripheral neuropathy disability benefits questionnaire performed by T.V., M.D. Accordingly, a remand is required for issuance of an appropriate SSOC that considers the most recent examinations, VA treatment records, and any other relevant evidence received since the last SSOC. See 38 C.F.R. § 20.1304(c). Furthermore, at the hearing in July 2017, the Veteran referenced additional upcoming medical appointments. In his August 2017 VA treatment records, the physician requested the Veteran to return in six (6) months. Accordingly, the Board finds that the Veteran’s updated VA treatment records from September 2017 to the present should be obtained and associated with the claims file on remand. The matters are REMANDED for the following actions: 1. Obtain and associate with the claims file the Veteran’s updated VA treatment records from August 2017 to the present. 2. Thereafter, readjudicate the issues on appeal, to include consideration of the April 2016 diabetic sensory-motor peripheral neuropathy disability benefits questionnaire performed by T.V., M.D. and August 2017 VA examination. If the benefits sought on appeal are not granted in full, issue the Veteran and his representative a Supplemental Statement of the Case (SSOC) and provide the Veteran and his representative an opportunity to respond. Eric S. Leboff Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD S. Hurley, Associate Counsel