Citation Nr: 21004958
Decision Date: 01/28/21	Archive Date: 01/28/21

DOCKET NO. 09-33 867
DATE: January 28, 2021

REMANDED

The issue of entitlement to an initial evaluation in excess of 10 percent disabling for service-connected peripheral neuropathy, right lower extremity, is remanded.

The issue of entitlement to an initial evaluation in excess of 10 percent disabling for service-connected peripheral neuropathy, left lower extremity, is remanded.

The issue of entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from November 1982 to July 1983.

These matters were before the Board in June 2019, at which time the Board remanded them for further development.  For the reasons outlined below, the Board finds that another remand is needed.

Following the Board remand, in a September 2020 rating decision, the RO granted a separate evaluation for peripheral neuropathy, right lower extremity, of 10 percent disabling, effective March 4, 2008.  The RO also granted a separate evaluation for peripheral neuropathy, left lower extremity, of 10 percent disabling, effective March 4, 2008.  The issues on appeal have been recharacterized to reflect the increased evaluations.

1. Entitlement to an initial evaluation in excess of 10 percent disabling for service-connected peripheral neuropathy, right lower extremity.

2. Entitlement to an initial evaluation in excess of 10 percent disabling for service-connected peripheral neuropathy, left lower extremity.

The Board finds that additional development is needed prior to final adjudication of the remaining issues on appeal.  Specifically, the Board finds that there may be treatment records outstanding to be associated with the claim file.  For example, VA treatment records suggest a period of hospitalization at a private facility due to a fall in June 2020.  See VA treatment record, June 2020.  This is supported by the July 2020 examination for housebound status or permanent need for regular aid and attendance that notes a history of hospitalization due to falls.  Further, VA treatment records also indicate that the Veteran has received treatment from S.R.H.H.  See VA treatment, July 2020.  The Board asks that any outstanding treatment records be associated with the claim file.

3. Entitlement to a TDIU.

Finally, the issue of entitlement to a TDIU is intertwined with the other issues on appeal.  Accordingly, the Board remands this issue as well.

The matters are REMANDED for the following action:

1. After securing any necessary consent forms from the Veteran, obtain any outstanding treatment records, to include any VA and/or private treatment records, pertaining to the issues on appeal.

The Board notes that VA treatment records indicate a period of hospitalization at a private facility due to a fall in June 2020.  See VA treatment record, June 2020.  VA treatment records also indicate that the Veteran has received treatment from S.R.H.H.  See VA treatment, July 2020.  The Board asks that any outstanding treatment records be associated with the claim file.

All efforts should be documented in the claim file.  If any records could not be obtained, this should be noted in the claim file.

2. If upon completion of the above action the issues are denied, the case should be returned to the Board after compliance with appellate procedures.

 

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K. Foster, 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.