Citation Nr: 21064624
Decision Date: 10/21/21	Archive Date: 10/21/21

DOCKET NO. 13-15 207A
DATE: October 21, 2021

REMANDED

An initial rating higher than 10 percent for left peroneal and sural nerve neuropathy is remanded.

REASONS FOR REMAND

The Veteran had active service in the U.S. Air Force from February 1982 to July 2002.  This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2011 rating decision.

The Board regrets the additional delay in issuing a decision in this case.  However, further development is necessary.

The Veteran was last afforded a VA examination for her left leg neuropathy in May 2015.  That evidence was not reviewed by the Agency of Original Jurisdiction (AOJ), which last adjudicated the claim in an April 2013 statement of the case.  Neither the Veteran nor her representative have waived AOJ consideration of this evidence, and therefore a remand is warranted.

Moreover, given that this VA examination is over 6 years old, the Veteran should be provided an opportunity to report for a new VA examination to ascertain the current severity and manifestations of her left leg neuropathy.

 

The matter is REMANDED for the following action:

Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of her service-connected left peroneal and sural nerve neuropathy.  The examiner should provide a full description of the disability and report all signs and symptoms associated with the condition.  

 

 

JOHN Z. JONES

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Shamil Patel, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.