Citation Nr: 21062465 Decision Date: 10/07/21 Archive Date: 10/07/21 DOCKET NO. 06-34 075A DATE: October 7, 2021 REMANDED Entitlement to a disability rating in excess of 10 percent for right leg neuropathy is remanded. Entitlement to a disability rating in excess of 10 percent left leg neuropathy is remanded. REASONS FOR REMAND The Veteran served on active duty from February 1989 to December 1991. This matter comes to the Board of Veterans' Appeals (Board) from a March 2006 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). In January 2017, the Board granted service connection for neuropathy of the left and right lower extremities, to include as secondary to service-connected bilateral compartment syndrome. In January 2017, the RO implemented the grant and assigned 10 percent ratings to both disabilities, effective January 24, 2006. Here, the record shows that the Veteran was last assessed for his bilateral lower extremity neuropathy in February 2015, by way of a Peripheral Nerve Conditions Disability Benefits Questionnaire (DBQ). Also, in January 2016, the Veteran's file was reviewed by a VA examiner; however, at this time, an examination was not conducted. In this regard, the Board notes that over six years have lapsed since the last physical examination to assess the severity of his neuropathy of the bilateral lower extremities. In addition, the Board observes that the record is silent for any medical treatment records dated post-February 2015, although CAPRI records were associated with the claims file in November 2019. Also, in an October 2017 NOD, the Veteran disagreed with the disability ratings, explaining that the severity of his service-connected disabilities was worse than the ratings assigned. Also, in September 2020 Correspondence, the Veteran asserted that his condition worsened. When available evidence is too old for an adequate evaluation of the Veteran's current condition, VA's duty to assist includes providing a new examination. Weggerman v. Brown, 5 Vet. App. 281 (1993). Thus, not only are these last examinations remote in time, but the record indicates that his conditions may have worsened. The Board further notes that in October 2019, the Veteran was scheduled for a new VA examination to determine the severity of his service-connected neuropathy of the bilateral lower extremities. In an October 2019 notification letter (Exam Request Form), the RO noted that the Veteran failed to appear for his examination. In a January 2020 VA Form 9 (Appeal to Board of Veterans' Appeals), however, the Veteran (via his representative) contended that he appeared for the VA examination but was turned away as the examiner refused to examine him. Also, in the VA Form 9, the Veteran also expressed his desire to reschedule his VA examination. Given the foregoing, the Board finds that a more contemporaneous examination is needed to fully and fairly evaluate the Veteran's claim for a higher rating for his service-connected neuropathy of his left and right legs. Allday v. Brown, 7 Vet. App. 517 (1995) (where the record does not adequately reveal current state of disability, fulfillment of duty to assist requires a contemporaneous medical examination, particularly if there is no additional medical evidence that adequately addresses the level of impairment of the disability since the previous examination); Caffrey v. Brown, 6 Vet. App. 377 (1994); Snuffer v. Gober, 10 Vet. App. 400 (1997). The matters are REMANDED for the following action: 1. Obtain updated VA treatment records, dated February 2015 to Present, and associate them with the electronic record. 2. Then, schedule the Veteran for a VA examination to determine the current severity of his service-connected neuropathy of the left and right lower extremities. The claims folder must be made available to and be reviewed by the examiner. All tests deemed necessary should be conducted and the results reported in detail. The examination should be conducted in accordance with the current disability benefits questionnaire. GAYLE STROMMEN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Hanson 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.