Citation Nr: 20019635
Decision Date: 03/16/20	Archive Date: 03/16/20

DOCKET NO. 15-19 582
DATE: March 16, 2020

REMANDED

Entitlement to an increased initial rating for service-connected left lower extremity peripheral neuropathy, presently rated as 10 percent disabling prior to April 5, 2017, and as 40 percent disabling thereafter.

REASONS FOR REMAND

The Veteran served on active duty in the United States Navy from March 1988 to September 2000, and from September 2000 to December 2000.

This matter comes before the Board of Veterans’ Appeals (the Board) on appeal from a March 2013 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO), which, among other things, granted service connection of left lower extremity peripheral neuropathy, and assigned a 10 percent rating for that disability.  In June 2017, the RO issued a new rating decision which granted a partial increase in rating from 10 percent to 40 percent, effective April 5, 2017.  As that constitutes only a partial increase for all periods on appeal, the claim remains on appeal and is presently before the Board reflecting the staged nature of the ratings throughout the appeal period.  

Although the Veteran requested a hearing before a Veterans Law Judge in this matter, in January 2019, he submitted a written statement withdrawing that hearing request.  To date, he has not reinstated his hearing request.  

1. Entitlement to an increased initial rating in excess of 10 percent for the service-connected left lower extremity peripheral neuropathy from March 1, 2012 to April 5, 2017; and 40 percent thereafter is remanded.

Inasmuch as the Board regrets any further delay in the adjudication of this appeal, a remand is necessary.

The Camp Lejeune Families Act of 2012 allows the Board to consider new evidence submitted by an appellant after certification to the Board without a waiver; however, such consideration does not extend to evidence either created or obtained by VA. See 38 U.S.C. § 7105 (a).  

The most recent supplemental statement of the case in this matter was issued in October 2017.  In March 2018, the RO obtained a new VA peripheral nerve examination of the Veteran’s lower extremities, which is directly related to the claim presently on appeal.  While the RO issued a rating decision in April 2018, denying any increase in rating for left lower extremity peripheral neuropathy, it did not issue a supplemental statement of the case, as required by 38 C.F.R. § 19.31, readjudicating the issue on appeal as a whole.  Absent a supplemental statement of the case, the RO has not fully adjudicated the issue on appeal, and it is not ripe for review by the Board.  Therefore, the claim must be remanded to ensure proper procedure has been followed prior to issuing a final decision.  

The matters are REMANDED for the following actions:

1. Invite the Veteran to submit any additional evidence in support of his claim.

2. Readjudicate the issue on appeal in light of all evidence of record and issue a supplemental statement of the case as required by 38 C.F.R. § 19.31.

 

M. Pryce

Acting Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K. Kuksova, Associate 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.