Citation Nr: 21015907 Decision Date: 03/18/21 Archive Date: 03/18/21 DOCKET NO. 13-01 243 DATE: March 18, 2021 REMANDED Entitlement to a disability rating higher than 20 percent for sensory neuropathy of the sciatic nerve (right foot disability), effective prior to October 23, 2020, is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran had active service from June 1954 to August 1957 and from May 1958 to May 1962. This matter is on appeal from a November 2011 rating decision. The Veteran testified at a Decision Review Officer (DRO) hearing in June 2012. In June 2013, the Veteran had a hearing before the undersigned Acting Veterans Law Judge. The Board has remanded this case in September 2013, January 2017, and May 2020. This matter was most recently remanded in May 2020 to comply with prior remand directives. Although the Board sincerely regrets the additional delay, additional development remains necessary before the Veteran’s claim can be adjudicated. 1. Entitlement to a disability rating higher than 20 percent for sensory neuropathy of the sciatic nerve (right foot disability) is remanded. Unfortunately, there has not been substantial compliance with the Board’s previous remand directives regarding the issues on appeal. Another remand is required. Stegall v. West, 11 Vet. App. 268, 271 (1998). Specifically, the prior Board remands directed the VA examiner to explicitly discuss the March 2012 letter from Dr. D.B. and the reports of the VA examinations from September 2011, October 2012, and October 2013. Although the new October 2020 VA examination was obtained, the VA examiner did not explicitly discuss the prior VA examinations as directed. The Board also notes that a review of the VA medical records (including from July 2010 and April 2011) indicates that the Veteran also received private neurological treatment, including an EMG. A remand is required to allow VA to obtain authorization and request these records. Additionally, the Veteran’s attorney submitted a statement in January 2021 that the Veteran’s service-connected condition continued to worsen and was more severe than rated. The Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of his service-connected sensory neuropathy of the sciatic nerve. 2. Entitlement to a TDIU is remanded. The TDIU question is inextricably intertwined with the increased rating issue for the right foot disability. Harris v. Derwinski, 1 Vet. App. 180, 183 (1991). The Veteran’s work history was a bus driver. He has made multiple statements that his commercial driver’s license was revoked because of his right foot disability. See, e.g., January 2013 statement on VA-Form 9. Other evidence, however, has suggested that the Veteran continues to work. For instance, VA medical records (such as from August 2017) indicate that the Veteran was working as a driver. A remand is required to allow VA to obtain authorization and request employment records. Also, the medical examination provided should address the impact of the Veteran’s service-connected right foot disability (along with his other service-connected disabilities) on his ability to work with consideration of his work history and education. The matters are REMANDED for the following actions: 1. Ask the Veteran to complete a VA Form 21-4142 for any relevant private medical provider, including the ones indicated in July 2010 and April 2011 VA medical records. Make two requests for the authorized records from identified individuals, unless it is clear after the first request that a second request would be futile. 2. Ask the Veteran to provide information regarding his employment (as reported in the August 2017 VA medical record) and obtain any relevant employment information. 3. After the above development, schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected sensory neuropathy of the sciatic nerve. The examiner should do the following: (a.) Provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria; (b.) Explicitly discuss the March 2012 letter from Dr. D. B., the September 2011, October 2012, and October 2013 VA medical examination reports, and any subsequent changes in severity. (c.) To the extent possible, the opinion provider should review the claims file and determine at what point(s) of time the Veteran had any change(s) of severity over the appeal period (since he filed his May 2011 claim). (d.) The examiner should elicit from the Veteran his complete educational, vocational, and employment history and should note his complaints regarding the impact of his service-connected sensory neuropathy of the sciatic nerve, right knee total arthroplasty with arthritis, bilateral hearing loss, and tinnitus on employment. The examiner should identify all limitations or functional impairment caused solely by sensory neuropathy of the sciatic nerve, right knee total arthroplasty with arthritis, bilateral hearing loss, and tinnitus. Sarah B. Richmond Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Lindio 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.