Citation Nr: 21061488
Decision Date: 10/04/21	Archive Date: 10/04/21

DOCKET NO. 14-20 722A
DATE: October 4, 2021

REMANDED

Entitlement to an evaluation higher than 10 percent for right lower extremity peripheral neuropathy is remanded.

Entitlement to an evaluation higher than 10 percent for left lower extremity peripheral neuropathy is remanded.

REASONS FOR REMAND

The Veteran served honorably on active duty in the U.S. Army from January 1971 to January 1974. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a March 2012 rating decisions of a Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ).

The issues of entitlement to increased ratings for the left and right lower extremity radiculopathy were remanded by the Board in March 2018 and have been returned for further appellate review.

The issues of entitlement to higher evaluations for peripheral neuropathy of the upper extremities and diabetes mellitus, and entitlement to a total disability rating due to service-connected disabilities are separately on appeal as the Veteran has requested a Board hearing for those issues. See May 2018 Form 9. The Board may not adjudicate that appeal at this time as it is pending scheduling a hearing.

1. Entitlement to an evaluation higher than 10 percent for right lower extremity peripheral neuropathy is remanded.

2. Entitlement to an evaluation higher than 10 percent for left lower extremity peripheral neuropathy is remanded.

The issues of entitlement to higher evaluations for peripheral neuropathy are remanded for current VA examinations. VA's duty to assist includes obtaining evidence necessary to substantiate the claim, which may include a thorough and contemporaneous medical examination. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159; Green v. Derwinski, 1 Vet. App. 121, 124 (1991). The Veteran was scheduled to undergo a new peripheral neuropathy examination following the March 2018 Board remand but he did not attend. In August 2019 he wrote that he had been unaware of the date of the examination because there was flooding in his area that precluded mail delivery, and he requested that his examination be rescheduled. The Veteran has shown good cause for failing to attend the previously scheduled examination and remand is appropriate to afford him another VA examination. 

The Veteran appears to receive regular care at a VA medical center. On remand, VA should ensure that current VA treatment records from July 2018 onward are identified and associated with the claims file. 

The matters are REMANDED for the following action:

1. Contact the appropriate VA Medical Center and obtain and associate with the claims file all outstanding records of treatment from July 2018 onward. If any requested records are not available, or the search for any such records otherwise yields negative results, that fact must clearly be documented in the claims file. Efforts to obtain these records must continue until it is determined that they do not exist or that further attempts to obtain them would be futile. The non-existence or unavailability of such records must be verified and this should be documented for the record. Required notice must be provided to the Veteran and his representative.

2. After any additional records are associated with the claims file, provide the Veteran with an appropriate examination to determine the severity of the service-connected peripheral neuropathy of the lower extremities. The entire claims file must be made available to and be reviewed by the examiner. Any indicated tests and studies must be accomplished and all clinical findings must be reported in detail and correlated to a specific diagnosis.  An explanation for all opinions expressed must be provided. The relevant Disability Benefits Questionnaire must be utilized.

 

 

LAURA E. COLLINS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Smith, 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.