Citation Nr: 21077202
Decision Date: 12/28/21	Archive Date: 12/28/21

DOCKET NO. 15-35 037A
DATE: December 28, 2021

REMANDED

Entitlement to a rating in excess of 10 percent prior to September 11, 2019, and in excess of 40 percent on and after September 11, 2019, for right lower extremity diabetic peripheral neuropathy.  

Entitlement to a rating in excess of 10 percent prior to September 11, 2019, and in excess of 40 percent on and after September 11, 2019, for left lower extremity diabetic peripheral neuropathy.  

Entitlement to a compensable rating for dengue fever residuals including cervical and inguinal area ancillary lymphadenopathy.  

REASONS FOR REMAND

The Veteran had active service from October 1966 to December 1971.  He served in the Republic of Vietnam.  

The Veteran appeared at a November 2018 hearing before a Veterans Law Judge sitting at the Philadelphia, Pennsylvania, Regional Office.  A hearing transcript is of record.  In September 2021, the Veteran was informed that the Veterans Law Judge who had conducted the November 2018 Board hearing had retired, and he therefore had the right to an additional hearing before a different Veterans Law Judge. In November 2021, the Veteran indicated that he did not want an additional hearing.  

Entitlement to ratings in excess of 10 percent prior to September 11, 2019, and in excess of 40 percent on and after September 11, 2019, for both right lower extremity diabetic peripheral neuropathy and left lower extremity diabetic peripheral neuropathy and a compensable rating for dengue fever residuals including cervical and inguinal area ancillary lymphadenopathy is remanded.  

In October 2021, the Board of Veterans' Appeals (Board) informed the Veteran that additional relevant Department of Veterans Affairs (VA) records had been received after his appeal had been certified to the Board and informed him of his right to waive initial Agency of Original Jurisdiction (AOJ) review of the documentation.  In November 2021, the Veteran requested that his appeal be remanded for Agency of Original Jurisdiction consideration of the additional VA clinical documentation.  

The matters are REMANDED for the following action:

Readjudicate the issues of entitlement to ratings in excess of 10 percent prior to September 11, 2019, and in excess of 40 percent on and after September 11, 2019, for both right lower extremity diabetic peripheral neuropathy and left lower extremity diabetic peripheral neuropathy and a compensable rating for dengue fever residuals including cervical and inguinal area ancillary lymphadenopathy.  If any claimed benefit sought on appeal remains denied, issue a supplemental statement of the case to the Veteran which addresses all relevant actions taken on the Veteran's claims for benefits, to include a summary of the evidence and applicable law and regulations considered, since the issuance of the last statement of the case.  The Veteran should be given the opportunity to respond to the supplemental statement of the case before the case is returned to the Board.  

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J. T. HUTCHESON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. C. KING

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.