Citation Nr: 21068909 Decision Date: 11/15/21 Archive Date: 11/15/21 DOCKET NO. 13-00 409 DATE: November 15, 2021 REMANDED A rating in excess of 10 percent for peripheral neuropathy (PN) of the right lower extremity (RLE) prior to August 28, 2015. A rating in excess of 20 percent for RLE PN since August 28, 2015. A rating in excess of 10 percent for PN of the left lower extremity (LLE) prior to June 1, 2018. A rating in excess of 20 percent for LLE PN since June 1, 2018. Service connection for a right hip disorder. A separate rating for a right femoral nerve disorder. A separate rating for a left femoral nerve disorder. REASONS FOR REMAND As a procedural matter, in July 2020, the Board denied claims of service connection for a right hip disorder and increased ratings for RLE and LLE PN. The Veteran appealed to the Veteran Claims Court. In July 2021, the Court Clerk granted a Joint Motion for Partial Remand (JMPR), which vacated the Board's decision and remanded the case for further development consistent with the JMPR. First, the JMPR directed the Board to address the Veteran's report that he received treatment for his disorders from a private clinician, Dr. B., and to obtain all relevant records from the clinician. Accordingly, further development is required to obtain the records. As to the service connection claim, the JMPR noted that a prior 2019 Board decision remanded the claim in order to assess whether his right hip disorder was proximately caused or aggravated by a service-connected disorder. While a VA medical opinion was obtained in April 2019, it was found to not sufficiently address secondary or aggravated. As such, further development is necessary to determine the nature and etiology of the Veteran's right hip disorder. The JMPR finally instructed the Board to determine whether separate ratings were warranted for right and left femoral nerve disorders. As such, the claims will be addressed on remand. Pursuant to the JMPR, the matters are REMANDED for the following actions: 1. Identify and obtain any pertinent outstanding VA and private treatment records that are not currently of record, to specifically include all records of treatment from Dr. B. and associate them with the claims file. All attempts to obtain the treatment records from Dr. B. should be fully documented, and a negative response must be provided if the records do not exist or are not available. 2. Then, direct the claims file to a clinician to determine the nature and etiology of the Veteran's right hip disorder. Based on a review of the record, the clinician is asked to opine as to whether it is at least as likely as not (a 50 percent probability or greater) that the Veteran's right hip disorder is: (a.) proximately caused by a service-connected disability, to specifically include lumbar spine and right lower extremity shortening disorders; and (b.) aggravated beyond the normal course of the condition by a service-connected disability, to specifically include lumbar spine and right lower extremity shortening disorders. 3. In forming the opinions, the clinician is asked to address the April 2010 medical opinion finding that the Veteran's abnormal gait may have contributed over time to the development of his right hip disorder. The rationale for all opinions must be provided. 4. If the clinician determines that an examination is necessary in order to provide the requested opinions, then one should be scheduled. L. HOWELL Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Spigelman, 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.