Citation Nr: 21074302
Decision Date: 12/14/21	Archive Date: 12/14/21

DOCKET NO. 18-22 206
DATE: December 14, 2021

REMANDED

Entitlement to a rating in excess of 10 percent for peripheral neuropathy of the right lower extremity is remanded.

Entitlement to a rating in excess of 10 percent for peripheral neuropathy of the left lower extremity is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 1965 to September 1967.  This matter came before the Board of Veterans Appeals (Board) on appeal from a June 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).  

The Veteran testified before a Veteran's Law Judge during a June 2019 hearing.  The transcript of the hearing is of record.  December 2019 and April 2021 Board decisions remanded the issues on appeal for further development.

1. Entitlement to a rating in excess of 10 percent for peripheral neuropathy of the right lower extremity 

2. Entitlement to a rating in excess of 10 percent for peripheral neuropathy of the left lower extremity 

A March 2020 VA examination found that the Veteran had mild right and left lower extremity peripheral diabetic neuropathy.  The examiner found mild right and left lower extremity incomplete paralysis as well as mild paresthesias/dysesthesias and numbness.  The examiner also found mild constant pain in the right and left lower extremities.  However, the Board notes that since that examination, October 2020 VA treatment records added to the file note that the Veteran reported that he often falls when he walks.  November 2020 VA treatment records note muscle weakness, abnormal gait, and pain.  August 2021 VA treatment records note the Veteran's complaints of feet and leg numbness as well as pain on a level of 7 out of 10.  As the evidence of record suggests his service-connected disabilities have increased in severity since the most recent VA examination in March 2020, the Board finds that the Veteran should be afforded a new examination.  See Snuffer v. Gober, 10 Vet. App. 400 (1997).

The matters are REMANDED for the following action:

1. Schedule the Veteran for an appropriate VA examination to determine the current level of severity of his service-connected bilateral lower extremity peripheral diabetic neuropathy.  The examiner should review the file and provide a complete rationale for all opinions expressed. 

 

2. If upon completion of the above action the appeal remains denied, the case should be returned to the Board after compliance with appellate procedures.

 

 

E. I. Velez

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Y. Akkad

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.