Citation Nr: 21065967
Decision Date: 10/28/21	Archive Date: 10/28/21

DOCKET NO. 16-48 067
DATE:  October 28, 2021

REMANDED

Entitlement to an initial disability rating in excess of 10 percent for right lower extremity peripheral neuropathy is remanded.

Entitlement to an initial disability rating in excess of 10 percent for left lower extremity peripheral neuropathy is remanded.

REASONS FOR REMAND

The Veteran had active service from April 1964 to April 1966.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

In July 2021, the Veteran testified in a hearing before the undersigned Veterans Law Judge. A transcript of that proceeding is of record. 

Increased Rating  Right and Left Lower Extremity Peripheral Neuropathy

The August 2015 rating decision on appeal granted service connection for the instant claims and assigned a 10 percent disability rating to each. In the Veteran's September 2016 substantive appeal (VA Form 9), he specified that his peripheral neuropathy disability of his right and left lower extremities was getting worse. In addition, during the Veteran's testimony before the Board in July 2021, he explained that he's been receiving ongoing treatment for his disabilities through a VA hospital and is now on 8 different medications. He described the worsening of his condition over the past several years and its interference with his ability to walk. He also expressed that a VA physician has recommended his use of a cane. 

Moreover, the Board notes that the Veteran's last VA examination addressing the instant claims was in July 2015. Accordingly, the Board finds that a new VA examination is necessary. See, e.g., Snuffer v. Gober, 10 Vet. App. 400 (1997); Caffrey v. Brown, 6 Vet. App. 377 (1994).

The matters are REMANDED for the following action:

1. Obtain any outstanding VA and private treatment records and associate them with the Veteran's claims file. 

2. Then, schedule the Veteran for an examination by an appropriate clinician to evaluate the severity of his bilateral lower extremity peripheral neuropathy. The examiner is requested to review all pertinent records associated with the electronic claims file. All appropriate, studies, tests, and evaluations deemed necessary by the examiner should be performed. After a review of the claims file, the examiner should provide a full description of the disabilities and report all signs and symptoms necessary for evaluating the Veteran's disabilities under the rating criteria. 

3. Confirm that the VA examination report and all opinions provided comport with this remand and undertake any other development found to be warranted.

4. Then, readjudicate the appeal. If a decision is adverse to the Veteran, issue a supplemental statement of the case and allow appropriate time for response. Then, return the case to the Board.

 

 

Kristin Haddock

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	E. Sutherell, Associate 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.