Citation Nr: 21003419 Decision Date: 01/21/21 Archive Date: 01/21/21 DOCKET NO. 14-21 030 DATE: January 21, 2021 REMANDED Entitlement to service connection for diabetes mellitus, to include as due to herbicide exposure, is remanded. Entitlement to service connection for peripheral neuropathy of the lower extremities, to include as secondary to diabetes mellitus, is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, to include consideration on an extraschedular basis, is remanded. REASONS FOR REMAND The Veteran served on active duty in the Marine Corps from August 1974 to August 1980. This case comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2011 and April 2014 rating decisions issued by a Department of Veterans Affairs (VA) Regional Office (RO). These matters were previously before the Board in December 2015, June 2018, and July 2020, where they were remanded for further development. The Board notes that there was not substantial compliance with its June 2018 and July 2020 remand directives. See Stegall v. West, 11 Vet. App. 268, 271 (1998); D’Aries v. Peake, 22 Vet. App. 97, 105 (2008). 1. Entitlement to service connection for diabetes mellitus, to include as due to herbicide exposure, is remanded. In July 2020, the Board remanded the Veteran’s claim for further development, as the RO did not substantially comply with the Board’s June 2018 remand directives pursuant to Stegall. Upon review of each Board remand, the RO was directed to contact the Veteran and request additional information regarding his asserted in-service exposure to herbicide agents. Once contacted, if there is still insufficient information to verify herbicide exposure, then the RO was specifically directed to issue a Formal Finding discussing the steps taken to assist the Veteran and notify the Veteran of VA’s inability to verify the in-service herbicide exposure. See Board Remands, June 2018 and July 2020. However, upon review of the file, the Board notes that after sending correspondence to the Veteran requesting additional information, the RO failed to issue Formal Findings outlining the steps taken and failed to notify the Veteran of VA’s inability to verify the Veteran’s in-service herbicide exposure, per the Board’s remand directives. Therefore, prior to re-adjudication of the claim, the Board finds that the RO must issue a Formal Finding and notify the Veteran of the inability to verify in-service herbicide exposure, in accordance with VA’s duty to assist and to ensure compliance with Stegall. Accordingly, a remand is necessary to address the matters discussed above. 2. Entitlement to service connection for peripheral neuropathy of the lower extremities, to include as secondary to diabetes mellitus, is remanded. 3. Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, to include consideration on an extraschedular basis, is remanded. The Board notes that as development of the Veteran’s disability claim before the Board may have an impact on the Veteran’s service connection for peripheral neuropathy and TDIU claims, the Board finds these issues to be inextricably intertwined. Harris v. Derwinski, 1 Vet. App. 180 (1991). Accordingly, the Board will defer adjudication of the inextricably intertwined claims at this time. The matters are REMANDED for the following action: 1. Issue a Formal Finding discussing the steps taken to assist the Veteran in verifying his in-service exposure to herbicide agents in Okinawa and the Korean DMZ, and send correspondence notifying the Veteran of VA’s inability to verify the in-service herbicide exposure. DELYVONNE M. WHITEHEAD Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board B. Hodges, 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.