Citation Nr: 21076670
Decision Date: 12/27/21	Archive Date: 12/27/21

DOCKET NO. 18-42 339
DATE: December 27, 2021

REMANDED

Entitlement to an evaluation greater than 30 percent for peripheral neuropathy of the right upper extremity is remanded.  

Entitlement to an evaluation greater than 30 percent for peripheral neuropathy of the left upper extremity is remanded.  

Entitlement to an evaluation greater than 20 percent for peripheral neuropathy of the right lower extremity, femoral nerve, is remanded.  

Entitlement to an evaluation greater than 20 percent for peripheral neuropathy of the right lower extremity, femoral nerve, is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from August 1968 to March 1970.  

This matter is before the Board of Veterans' Appeal (Board) on appeal from an August 2017 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).  

The Veteran appeared at a hearing before the undersigned Veterans Law Judge in February 2021.  A transcript of the hearing is in the Veteran's file.

1. Entitlement to an evaluation greater than 30 percent for peripheral neuropathy of the right upper extremity is remanded.  

2. Entitlement to an evaluation greater than 30 percent for peripheral neuropathy of the left upper extremity is remanded.  

3. Entitlement to an evaluation greater than 20 percent for peripheral neuropathy of the right lower extremity, femoral nerve, is remanded.  

4. Entitlement to an evaluation greater than 20 percent for peripheral neuropathy of the right lower extremity, femoral nerve, is remanded.

Although the Board sincerely regrets the additional delay this may cause, further development is necessary prior to the adjudication of these matters.  

During the pendency of this appeal and following the issuance of a June 2017 Supplemental Statement of the Case (SSOC), additional significant and pertinent evidence in support of his claims, including the December 20201 VA examination reports.  However, this evidence has not yet been assessed by the Agency of Original Jurisdiction (AOJ) as it pertains to the pending matters.  The Veteran did waive his right to such review during his February 2021 Board hearing.  However, since that the time, in November 2021, the Veteran filed new claims of increased ratings for the issues listed above and discussed at his February 2021 hearing.  As such, remand is now warranted such that this evidence may be considered in a new SSOC.

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The matters are REMANDED for the following action:

Readjudicate the issues on appeal, including by reviewing all evidence added to the Veteran's file since the previous SOC or SSOC.  If the benefits sought remain denied, issue an SSOC to the Veteran and his representative and provide an appropriate period for response.

 

 

Evan M. Deichert

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J.R. Higgins

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.