Citation Nr: 20006559
Decision Date: 01/28/20	Archive Date: 01/27/20

DOCKET NO. 16-00 601
DATE: January 28, 2020

REMANDED

Entitlement to a disability rating in excess of 20 percent for peroneal compression neuropathy of the right lower extremity is remanded.

REASONS FOR REMAND

The Veteran served on active duty from February 1968 to April 1969.  

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a rating decision of a Regional Office (RO) of the Department of Veterans Affairs (VA).  In November 2019, the Veteran testified before a Veterans Law Judge.  A transcript of this hearing has been associated with the record.  

Entitlement to a disability rating in excess of 20 percent for peroneal compression neuropathy of the right lower extremity is remanded.

The Veteran seeks an increased rating for his neuropathy of the right lower extremity.  Review of the record indicates he was most recently afforded a VA examination of this disability in July 2014, over five years ago.  At his November 2019 hearing, he testified that this disability has increased in severity since that examination.  His representative also requested a new examination.  Where the record does not adequately reveal the current state of the claimant’s disability, the fulfillment of the statutory duty to assist requires a thorough and contemporaneous medical examination.  See 38 U.S.C. § 5103A(d); Chotta v. Peake, 22 Vet. App. 80, 84 (2008).  The Board therefore finds that a new examination is warranted.  

The matters are REMANDED for the following action:

1. Schedule the Veteran for a VA examination to determine the current severity of the service-connected neuropathy of the right lower extremity.  The claims file should be made available to the examiner for review, and all indicated testing should be performed in this regard.  The examiner must identify all impairment resulting from the Veteran’s peroneal compression neuropathy of the right lower extremity, to include the presence and severity of any paralysis of the right lower extremity.  All pertinent medical findings should be reported in detail.  

2. After undertaking any additional development deemed appropriate and giving the Veteran full opportunity to supplement the record, adjudicate the Veteran’s pending claims in light of any additional evidence added to the record.  If any benefit sought on appeal remains denied, the Veteran and his representative should be furnished with a Supplemental Statement of the Case and be afforded the applicable opportunity to respond before the record is returned to the Board for further review.

 

 

M. Donohue

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Thomas D. Jones, Counsel

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.