Citation Nr: 21023760 Decision Date: 04/21/21 Archive Date: 04/21/21 DOCKET NO. 16-57 011 DATE: April 21, 2021 REMANDED Entitlement to a disability rating in excess of 10 percent for peripheral neuropathy of the left lower extremity is remanded. Entitlement to a disability rating in excess of 10 percent for peripheral neuropathy of the right lower extremity is remanded Entitlement to a total disability rating based on individual unemployability due to service-connected disability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Navy from November 1965 to May 1986. These matters come before the Board of Veterans’ Appeals (Board) on appeal from two separate rating decisions issued in January 2016 by the Department of Veterans Affairs (VA) Regional Office (RO). 1. Entitlement to a disability rating in excess of 10 percent for peripheral neuropathy of the left lower extremity is remanded. 2. Entitlement to a disability rating in excess of 10 percent for peripheral neuropathy of the right lower extremity is remanded. The Veteran last underwent a VA examination for his peripheral neuropathy of the right and left lower extremities in November 2015. Given that it has been more than 5 years since that time, and based on the evidence of record before the Board, the Board finds that the record as is may not accurately reflect the current severity of the service-connected peripheral neuropathy of the left and right lower extremities. Accordingly, a VA peripheral nerves examination should be scheduled upon remand. 3. Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. The Veteran is service connected for the following disabilities: posttraumatic stress disorder (PTSD); diabetes mellitus type II with erectile dysfunction; tinea versicolor with onychomycosis, hands, trunk, and toenails; tinnitus, peripheral neuropathy right lower extremity associated with diabetes mellitus type II with erectile dysfunction; peripheral neuropathy left lower extremity associated with diabetes mellitus type II with erectile dysfunction; residuals of fracture, 4th, 5th, and 6th ribs with right pneumothorax; and bilateral sensorineural hearing loss. See Rating Decision Code Sheet, dated January 2016. The Veteran’s combined disability evaluation rating throughout the period on appeal has been 90 percent. See Rating Decision Code Sheet, dated January 2016. The disability rating for his service-connected PTSD is 70 percent. As such, the Veteran meets the schedular criteria for a TDIU. 38 C.F.R. § 4.16(a). In his October 2015 VA Form 21-8940, Veterans Application for Increased Compensation Based on Unemployability, the Veteran listed his last employer as being Lord Bennett’s Restaurant. According to the information provided by the Veteran, he worked 12 hours a week as a chef at Lord Bennett’s Restaurant and his last month of employment was March 2010. In his application and throughout the appeal, the Veteran has asserted that the combination of his service-connected disabilities, specifically his PTSD, diabetes mellitus type II, and peripheral neuropathy of the left and right lower extremities, has rendered him unable to secure or follow substantially gainful employment. The evidence of record indicates that the Veteran’s individual disabilities cause a decrease in ability to perform a full range of work, but there is no assessment of the collective impact of all of his service-connected disabilities on his functional abilities with regard to activities of employment. Accordingly, this claim must be remanded to obtain a VA examination that covers the collective impact of all his service-connected disabilities on his functional abilities with regard to activities of employment. 38 C.F.R. § 4.16. The matters are REMANDED for the following action: 1. Ask the Veteran to provide the names and addresses of all medical care providers who have recently treated him for his claimed disabilities. After securing any necessary releases, the Agency of Original Jurisdiction (AOJ) should request any relevant records identified. In addition, obtain updated VA treatment records. If any requested records are unavailable, the Veteran and his representative should be notified of such. 2. After the records development is completed, schedule the Veteran for a VA peripheral nerves examination to determine the current severity of the service-connected peripheral neuropathy of the left and right lower extremities. The claims file should be reviewed by the examiner. All necessary tests should be performed, and the results reported. All symptomatology associated with the peripheral neuropathy of the left and right lower extremities should be reported. The Board recognizes the practical difficulties of scheduling an examination in view of the COVID-19 epidemic, and requests flexibility and understanding in affording the Veteran an opportunity for an examination if an examination is deemed necessary. If a VA examination proves not feasible for any reason, the claims file should still be reviewed by an appropriate professional for the purpose of providing the requested opinions. 3. After the above development has been completed, obtain a VA medical examination from an appropriate examiner to determine the full description of the effects of disability upon the Veteran’s employability, to include functional effects of his service-connected disabilities, alone or acting in concert, that might tend to impair his ability to secure and follow substantially gainful employment, consistent with his education and occupational expertise. The electronic claims file must be made available to the examiner, and the examiner must specify in the report that the electronic claims file has been reviewed. The examiner must compile a full work and educational history. This opinion must be provided without consideration of the Veteran’s nonservice-connected disabilities or age. To the extent possible, the VA examiner must address the full effects of the functional and industrial impairment due to each of the Veteran’s service-connected disabilities (PTSD; diabetes mellitus type II with erectile dysfunction; tinea versicolor with onychomycosis, hands, trunk, and toenails; tinnitus, peripheral neuropathy right lower extremity associated with diabetes mellitus type II with erectile dysfunction; peripheral neuropathy left lower extremity associated with diabetes mellitus type II with erectile dysfunction; residuals of fracture, 4th, 5th, and 6th ribs with right pneumothorax; and bilateral sensorineural hearing loss). The examiner must furnish a full description of the effects of the service-connected disabilities. In doing so, the examiner should fully describe what types of employment activities would be limited because of the service-connected disabilities and what types of employment activities would not be limited (if any). This description may include an opinion on such questions as whether the Veteran’s service-connected disabilities precluded standing for extended periods, lifting more than a certain weight, sitting for eight hours a day, performing other specific tasks, etc. The examiner should provide an extensive discussion of the Veteran’s physical and mental abilities as well as the effects of any psychological and functional limitations related to his service-connected disabilities in the context of his daily activities, specifically employment. A full rationale must be provided for any opinion offered and a thorough explanation would be helpful for the Board. The Board recognizes the practical difficulties of scheduling an examination in view of the COVID-19 epidemic, and requests flexibility and understanding in affording the Veteran an opportunity for an examination if an examination is deemed necessary. If a VA examination proves not feasible for any reason, the claims file should still be reviewed by an appropriate professional for the purpose of providing the requested opinions. 4. After completing the above development, and any other development deemed necessary, readjudicate the issues on appeal. If any benefit sought on appeal remains denied, provide an additional supplemental statement of the case to the Veteran and his representative, and return the appeal to the Board for appellate review, after the Veteran and his representative have had an adequate opportunity to respond. B. G. LeMoine Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board E. Fairlie, 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.