Citation Nr: 21014517
Decision Date: 03/12/21	Archive Date: 03/12/21

DOCKET NO. 20-17 595
DATE: March 12, 2021

REMANDED

Entitlement to a disability rating in excess of 40 percent for right lower extremity peripheral neuropathy is remanded.

Entitlement to a disability rating in excess of 40 percent for left lower extremity peripheral neuropathy is remanded.

REASONS FOR REMAND

The Veteran had active duty service from March 1966 to March 1968.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2018 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).  

1. Entitlement to a disability rating in excess of 40 percent for right lower extremity peripheral neuropathy is remanded.

The Veteran requested a DRO hearing regarding the issues on appeal.  A DRO hearing was not scheduled or provided to the Veteran.  The record contains no evidence indicated that the Veteran has withdrawn his request for a DRO hearing.  As such, the Board must remand the issue to allow the scheduling of a DRO hearing.  

2. Entitlement to a disability rating in excess of 40 percent for left lower extremity peripheral neuropathy is remanded.

Please see the analysis in Section 1, above.

The matters are REMANDED for the following action:

1. Schedule the Veteran for a DRO hearing for his claims at the next available opportunity. If the Veteran no longer desires a DRO hearing, a signed writing to that effect should be placed in the claims file.

2. After undertaking the development above and any additional development deemed necessary, the Veteran’s claims should be readjudicated.  If the benefits sought on appeal remain denied, the appellant and his representative should be furnished a supplemental statement of the case and be given an appropriate period to respond thereto before the case is returned to the Board, if in order.

 

 

Jennifer White

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Patricia Veresink, Associate 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.