Citation Nr: 21004037
Decision Date: 01/25/21	Archive Date: 01/25/21

DOCKET NO. 09-07 220
DATE: January 25, 2021

REMANDED

An initial rating higher than 10 percent for right lower extremity peripheral neuropathy prior to December 1, 2020, is remanded.

An initial rating higher than 10 percent for left lower extremity peripheral neuropathy prior to December 1, 2020, is remanded.

A compensable rating for right lower extremity peripheral neuropathy as of December 1, 2020, is remanded.

A compensable rating for left lower extremity peripheral neuropathy as of December 1, 2020, is remanded.

Entitlement to an extraschedular rating for the lumbar spine disability is remanded.

Entitlement to a total disability rating based on individual unemployability (TDIU) due to the lumbar spine disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from February 1982 to June 1990.

These matters come before the Board of Veterans Appeals (Board) on appeal from rating decisions issued by the Department of Veterans Affairs (VA) Regional Office (RO). They were most recently before the Board in May 2017.

The Veteran attempted to opt into the Appeals Modernization Act (AMA) review system by submitting a Rapid Appeals Modernization Program (RAMP) election form, which was received on March 25, 2020. Since RAMP ended on February   18, 2019, the Veteran’s action was untimely, and the Board will proceed with adjudicating the claims under the Legacy Appeals System. 

1. An initial rating higher than 10 percent for right lower extremity peripheral neuropathy prior to December 1, 2020, is remanded.

2. An initial rating higher than 10 percent for left lower extremity peripheral neuropathy prior to December 1, 2020, is remanded.

3. A compensable rating for right lower extremity peripheral neuropathy as of December 1, 2020, is remanded.

4. A compensable rating for left lower extremity peripheral neuropathy as of December 1, 2020, is remanded.

5. Entitlement to an extraschedular rating for the lumbar spine disability is remanded.

6. Entitlement to TDIU due to the lumbar spine disability is remanded.

The Veteran submitted a VA Form 21-4142 that was received in November 2018 identifying a private medical facility from which he had received treatment for an unidentified medical condition(s). The VA’s private medical records retrieval center rejected the request to obtain records from this facility because of incomplete information. The Veteran was not informed of this, contrary to VA’s duty to make reasonable efforts to help a claimant obtain evidence necessary to substantiate the claim. Remand is needed in order to inform the Veteran that he needs to provide complete information for VA to obtain records from the identified private medical facility, Piedmont Hospital. 

 

The matters are REMANDED for the following action:

1. Provide the Veteran a new VA Form 21-4142            and inform him that he needs to provide complete information for VA to request records from Piedmont Hospital. If he provides an adequately completed form, request records from that facility.

2. If the claims remain denied, issue a supplemental statement of the case.

 

 

K. A. BANFIELD

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. Van Wambeke, 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.