Citation Nr: 21065840
Decision Date: 10/27/21	Archive Date: 10/27/21

DOCKET NO. 10-43 631
DATE: October 27, 2021

REMANDED

Entitlement to a rating in excess of 20 percent prior to November 15, 2017, and in excess of 40 percent thereafter for diabetes mellitus type II is remanded.

Entitlement to a rating in excess of 10 percent prior to September 20, 2010, and in excess of 20 percent thereafter for peripheral neuropathy in the right lower extremity is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the U.S. Army from May 1965 to May 1967.

1. Entitlement to a rating in excess of 20 percent prior to November 15, 2017, and in excess of 40 percent thereafter for diabetes mellitus type II is remanded.

2. Entitlement to a rating in excess of 10 percent prior to September 20, 2010, and in excess of 20 percent thereafter for peripheral neuropathy in the right lower extremity is remanded.

These issues were previously considered and remanded by the Board in February 2017 and February 2019. Although additional delay is regrettable, the Board finds another remand is necessary. The record shows the Veteran last had a VA examination for these disabilities in November 2017. In the September 2021 appellate brief, the Veteran's representative wrote that the Veteran contends his disabilities are more severe than the evaluations of record reflect and requested VA obtain a contemporaneous examination if the Board cannot grant full increased ratings based on the evidence of record. The Board finds a new examination would be helpful to assess the current severity of the disabilities. See Caffrey v. Brown, 6 Vet. App. 377, 379 (1994).

The matters are REMANDED for the following action:

1. Obtain and associate with the claims file any outstanding VA treatment records.

2. Request new examinations for the Veteran's diabetes and right lower extremity neuropathy. The examiner should measure and record any subjective symptoms and impairment and objective findings.

 

 

A. S. CARACCIOLO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A.P. Armstrong

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.