Citation Nr: 18157432 Decision Date: 12/13/18 Archive Date: 12/12/18 DOCKET NO. 12-20 918A DATE: December 13, 2018 REMANDED Entitlement to an increased rating greater than 20 percent for service-connected peripheral neuropathy of the right upper extremity is remanded. Entitlement to an increased rating greater than 20 percent for service-connected peripheral neuropathy of the left upper extremity is remanded. Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1971 through July 1973. In a November 2017 decision, the Board denied entitlement to increased ratings greater than 20 percent for right and left upper extremity peripheral neuropathy and entitlement to a TDIU. The Veteran appealed this decision to the United States Court of Appeals for Veterans Claims (Court). In August 2018, the Court issued an order granting the parties’ Joint Motion for Partial Remand (Joint Motion) to vacate the Board’s November 2017 decision on the claims and remanded the case to the Board. The Board’s November 2017 decision also denied ratings in excess of 20 percent for right and left lower extremity peripheral neuropathy, and earlier effective dates prior to April 9, 2013 for the assignment of 20 percent disabilities ratings for right and left lower extremity peripheral neuropathy. However, the Veteran did not appeal these denials to the Court. See August 2018 Joint Motion. That portion of the Board’s decision is therefore final. The November 2017 Board decision also remanded the issue of entitlement to special monthly compensation based on the need for aid and attendance of another. In May 2018, while the issue was on remand, the Veteran returned a signed notice opting to have his claim adjudicated under the Rapid Appeals Modernization Program (RAMP). In November 2018, the Veteran was informed that appellate processing for his claim for entitlement to special monthly compensation had been discontinued and would be adjudicated pursuant to the RAMP program. Accordingly, the Board does not have jurisdiction over the claim for entitlement to special monthly compensation at this time. The Veteran did not specify which issues he wanted processed through RAMP when he opted into the RAMP program in May 2018. The issues of entitlement to increased ratings greater than 20 percent for service-connected right and left upper extremity peripheral neuropathy and entitlement to a TDIU are not in a qualifying appeal stage and are therefore not eligible for the RAMP program. The RAMP program applies only to claims not yet active at the Board, as these claims are. Although the Veteran submitted his RAMP opt-in notice in May 2018, prior to the August 2018 Joint Motion, the issues addressed by the Court remained in appellate status, and were not eligible for the RAMP program. The opt-in form clearly states it will apply to “eligible issues,” and these issues are not eligible as they were in appellate status prior to receipt of his opt-in form. However, as noted above, the Veteran was properly advised in November 2018 that only the issue of entitlement to special monthly compensation would be adjudicated pursuant to the RAMP program.   1. Entitlement to an increased rating greater than 20 percent for service-connected peripheral neuropathy of the right upper extremity is remanded. 2. Entitlement to an increased rating greater than 20 percent for service-connected peripheral neuropathy of the left upper extremity is remanded. The Joint Motion ordered the Board to provide reasons and bases explaining why Diagnostic Code 8513, applying to paralysis of all radicular groups, is the most appropriate code for rating the Veteran’s disability. The Veteran asserts his right and left upper extremity peripheral neuropathy warrant greater ratings than 20 percent disabling. The Veteran was last afforded a VA examination to evaluate the severity of his right and left upper extremity peripheral neuropathy in March 2013, over five years ago. A March 2015 VA treatment record indicates the Veteran reported numbness of one hand with a duration of eight months. As the claims file reflects the Veteran’s upper extremity peripheral neuropathy has potentially worsened since his last VA examination, he should be afforded a VA examination to evaluate the current severity of his right and left upper extremity peripheral neuropathy. 3. Entitlement to a TDIU is remanded. The Veteran’s other service-connected conditions are diabetes mellitus, peripheral neuropathy of the right lower extremity, peripheral neuropathy of the left lower extremity, and asthma. The Veteran’s asthma was last evaluated in March 2010, and his diabetes and lower extremity peripheral neuropathy were evaluated in March 2013. Updated evaluations are needed to determine the effect of these conditions on his ability to obtain/maintain employment.   The matters are REMANDED for the following action: 1. Obtain the Veteran’s VA treatment records for the period from June 2018 to the present. 2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his right and left upper extremity peripheral neuropathy, diabetes mellitus, and left and right lower extremity peripheral neuropathy. To the extent possible, the examiner should identify any symptoms and functional impairments due these disabilities and discuss the effect of the Veteran’s service-connected disabilities on any occupational functioning and activities of daily living. IF the examiner finds that any functional impairments are a result of nonservice-connected conditions (e.g., stroke), then an opinion should be given on which symptoms and impairment are due to nonservice-connected versus service-connected conditions, if it is medically possible to do so. For the Veteran’s right and left upper extremity peripheral neuropathy, the examiner should particularly note which nerve groups of the upper extremities experience paralysis and the severity of any such paralysis.   3. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected asthma. To the extent possible, the examiner should discuss the effect of this condition on any occupational functioning and activities of daily living. MICHELLE L. KANE Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD A. Parsons, Associate Counsel