Citation Nr: 21006124 Decision Date: 02/03/21 Archive Date: 02/03/21 DOCKET NO. 10-16 207 DATE: February 3, 2021 REMANDED Entitlement to a separate compensable rating for peripheral neuropathy of the right upper extremity is remanded. Entitlement to a separate compensable rating for peripheral neuropathy of the left upper extremity is remanded. REASONS FOR REMAND The Veteran had active service from November 1965 to September 1967. This case initially came before the Board of Veterans’ Appeals (Board) on appeal from a March 2014 rating decision issued by a Regional Office (RO) of the Department of Veterans Affairs (VA). In May 2019, the Veteran testified before the undersigned Veterans Law Judge. A transcript of the hearing is of record. In a December 2019 decision, the Board granted 40 percent ratings for peripheral neuropathy of the right and left lower extremities but declined to grant separate compensable ratings for peripheral neuropathy of the upper extremities. The Veteran appealed to the United States Court of Appeals for Veterans Claims (Court). In August 2020, pursuant to a Joint Motion for Partial Remand (Joint Motion), the Court vacated the portion of the Board’s decision that denied separate compensable ratings for peripheral neuropathy of the upper extremities. The case has since been returned to the Board. The Board finds that additional development is necessary before the claims on appeal are decided. The Veteran maintains that he has peripheral neuropathy of the upper extremities related to his service-connected diabetes mellitus. A July 1993 private electromyography (EMG) study, May 2010 VA EMG study, and an August 2015 VA examination revealed findings consistent with nonservice-connected carpal tunnel syndrome. However, a June 2018 VA examination report indicated that the Veteran had diabetic peripheral neuropathy and that it was noted he had clumsy hands for fine movement and writing. An August 2018 Disability Benefits Questionnaire (DBQ) completed by a private physician, Dr. L.R., indicated that the Veteran had diabetic peripheral neuropathy of the upper extremities. Based on the foregoing, the Board finds that an additional VA examination is necessary to determine the nature and severity of his claimed peripheral neuropathy of the upper extremities. In addition, the Board finds that current treatment records should be obtained and associated with the claims file. The matters are REMANDED for the following action: 1. Identify and obtain any pertinent, outstanding VA and private treatment records and associate them with the claims file. 2. Then, schedule the Veteran for a VA examination with an examiner with sufficient expertise to determine the nature and etiology of his claimed peripheral neuropathy of the bilateral upper extremities. The claims file must be made available to, and reviewed by the examiner. Any indicated test or studies should be provided, to include nerve conduction and electromyography studies. Based on the examination results and a review of the record, including any additionally received treatment records, the examiner should clarify whether the Veteran has diabetic neuropathy of the upper extremities. If so, the examiner should also comment on the severity of symptomatology and report all signs and symptoms necessary for evaluating the disability under the rating criteria. A rationale for all opinions expressed must be provided. 3. Confirm that the VA examination report and all opinions provided comport with this remand and undertake any other development found to be warranted. 4. Then, readjudicate the issues on appeal. If a decision is adverse to the Veteran, issue a supplemental statement of the case and allow appropriate time for response. Then, return the case to the Board. Kristin Haddock Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Mishalanie, 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.