Citation Nr: 21070352
Decision Date: 11/23/21	Archive Date: 11/23/21

DOCKET NO. 16-38 887
DATE: November 23, 2021

REMANDED

Entitlement to an initial disability rating in excess of 20 percent for the period prior to September 26, 2019; an initial disability rating in excess of 40 percent for the period from September 26, 2019, to June 27, 2021; and an initial disability rating in excess of 50 percent from June 28, 2021 for peripheral neuropathy of the right upper extremity (median nerve) is remanded.

Entitlement to an initial disability rating in excess of 20 percent for the period prior to September 26, 2019; an initial disability rating in excess of 30 percent for the period from September 26, 2019, to June 27, 2021; and an initial disability rating in excess of 40 percent from June 28, 2021 for peripheral neuropathy of the left upper extremity (median nerve) is remanded.  

Entitlement to an initial disability rating in excess of 20 percent for the period prior to December 8, 2016, and an initial disability rating in excess of 40 percent from that date for diabetic peripheral neuropathy of the right lower extremity (sciatic nerve), with intermittent foot drop is remanded.

Entitlement to an initial disability rating in excess of 20 percent prior to June 28, 2021, and an initial disability rating in excess of 40 percent from that date for peripheral neuropathy of the left lower extremity (sciatic nerve) is remanded.

Entitlement to an initial disability rating in excess of 20 percent for right lower extremity peripheral neuropathy of the femoral nerve is remanded.

Entitlement to an initial disability rating in excess of 20 percent for left lower extremity peripheral neuropathy of the femoral nerve is remanded.

Entitlement to special monthly compensation (SMC) based on loss of use of the upper and lower extremities is remanded. 

REASONS FOR REMAND

The Veteran had active service from July 1970 to November 1990.

These matters come before the Board of Veterans' Appeals (Board) on appeal from a rating decision issued in February 2013.  Various rating decisions during the pendency of the appeal have resulted in staged increase ratings for his upper and lower extremity peripheral neuropathy conditions and separate ratings for peripheral neuropathy of the bilateral sciatic and femoral nerves.

These matters have previously been before the Board in November 2018 and May 2021.  As noted above, the Veteran's claims for increased ratings for his right and left legs resulted in separate ratings for peripheral neuropathy of the sciatic and femoral nerves.  The ratings for the femoral nerves were not included on the May 2021 Board decision.  However, because those separate ratings arise from the increased rating claims herein, the Board had jurisdiction of those claims in May 2021 and retains that jurisdiction here.

All the issues in this case are remanded because the medical record in this matter appears to be incomplete.  In August 2021, an addendum VA opinion was requested specifically regarding the Veteran's femoral nerve conditions.  The August 2021 Supplemental Statement of the Case (SSOC) indicates that this addendum opinion was received.  However, the addendum opinion was not reproduced in the record before the Board.  (A copy of the June 2021 Compensation and Pension examination reports appears on the date in question but does not provide the addendum opinion requested.)  

While the nature of the requested opinion would not necessarily be expected to be relevant to the Veteran's upper extremity claims, the Board is not in a position to pass on its relevance given that it is absent from the record.  Consequently, these matters are remanded to obtain the missing opinion. Accordingly, these matters are REMANDED for the following actions:

1. Obtain the August 2021 addendum opinion along with any additional outstanding VA records.

2. After the above development, and any additionally indicated development, has been completed, readjudicate the issues on appeal.  If the benefits sought are not granted to the Veteran's satisfaction, send the Veteran and his representative a Supplemental Statement of the Case and provide an opportunity to respond.  If necessary, return the case to the Board for further appellate review. 

 

THERESA M. CATINO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Steven H. Johnston, 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.