Citation Nr: 21012536 Decision Date: 03/04/21 Archive Date: 03/04/21 DOCKET NO. 16-58 837A DATE: March 4, 2021 REMANDED Entitlement to a rating in excess of 30 percent for service-connected peripheral neuropathy, right upper extremity, is remanded. REASONS FOR REMAND This appeal was previously before the Board in October 2019, at which time the Board denied a rating in excess of 30 percent for service-connected peripheral neuropathy of the right upper extremity (RUE). The Veteran appealed the October 2019 Board decision to the United States Court of Appeals for Veterans Claims (Court). In an October 2020 Joint Motion for Remand (JMR), the parties agreed that the October 2019 decision should be vacated and the issue remanded to the Board for further development and readjudication consistent with the motion. The Court granted the JMR in January 2020 and the issue has returned to the Board for further consideration. 1. Entitlement to a rating in excess of 30 percent for service-connected peripheral neuropathy, right upper extremity is remanded. In the October 2020 Joint Motion, the parties agreed that the Board did not consider whether evidence dated in 2019 indicated a worsening of the service-connected RUE peripheral neuropathy disability that warranted a higher rating. In this regard, VA treatment records dated in May and June 2019 document the Veteran’s subjective reports of numbness in the right thumb that had worsened and become constant over the previous six weeks and also note objective findings of thenar atrophy in both hands. See VA treatment records dated May and June 2019. However, during each VA examination conducted during the appeal period, including during the most recent examination in February 2016, there was no objective evidence of muscle atrophy and the Veteran’s numbness was described as no more than mild. See e.g., February 2016 VA examination. The Board finds that this evidence suggests that the Veteran’s service-connected RUE peripheral neuropathy disability has worsened since the last time he was examined by VA in 2016. While this evidence could be used to award a higher, 50 percent rating for incomplete paralysis of the nerve, the applicable rating criteria provides a maximum 70 percent rating for complete paralysis of the nerve with evidence of “considerable” atrophy of the muscles of the thenar eminence. Given this, the Board finds an updated examination is needed to evaluate the current severity of the service-connected RUE peripheral neuropathy disability, to include the extent of any thenar atrophy. The Board also finds that updated VA treatment records should be obtained, as they may contain information or evidence regarding the severity of the Veteran’s service-connected RUE peripheral neuropathy disability since he was seen in June 2019. In this regard, the evidence shows that the Veteran was prescribed the use of a RUE wrist splint on a trial basis in June 2019 and examiners noted that electrodiagnostic studies would be appropriate if there was no improvement in his symptoms and, yet, records dated since July 2019 are not in the claims file.. The Veteran has also suggested that medical records associated with his Social Security benefits may contain evidence relevant to this claim, as he has been found to be unemployable due to his service-connected peripheral neuropathy disabilities. See e.g., October 2020 submission by the Veteran. Therefore, on remand, the Veteran’s records from the Social Security Administration (SSA) should be obtained. The matter is REMANDED for the following action: 1. Contact SSA and request the Veteran’s SSA disability benefits records, including all medical documents and decisional documents. Also obtain the Veteran’s VA treatment records dated from July 2019 to the present. All attempts to obtain the records should be documented in the file. If no records are found and additional requests would be futile, notify the Veteran in accordance with 38 C.F.R. § 3.159(e). 2. Schedule the Veteran for a VA examination to determine the nature and severity of his service-connected right upper extremity diabetic peripheral neuropathy disability. In addition to the various tests indicated by examination of the affected nerve, the examiner is specifically asked to describe the severity of any thenar atrophy present. M. Donohue Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Turnipseed, 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.