Citation Nr: 21025566 Decision Date: 04/28/21 Archive Date: 04/28/21 DOCKET NO. 10-47 873 DATE: April 28, 2021 REMANDED Entitlement to a rating in excess of 10 percent prior to December 7, 2020, and in excess of 40 percent thereafter for bilateral hearing loss is remanded. Entitlement to a rating in excess of 30 percent for diabetic nephropathy is remanded. Entitlement to a rating in excess of 20 percent for diabetes mellitus, type II, is remanded. Entitlement to a rating in excess of 10 percent prior to August 12, 2015, and in excess of 20 percent thereafter for peripheral neuropathy of the left upper extremity is remanded. Entitlement to a rating in excess of 20 percent for peripheral neuropathy of the right upper extremity is remanded. Entitlement to a rating in excess of 10 percent for peripheral neuropathy of the sciatic nerve of the left lower extremity is remanded. Entitlement to a rating in excess of 10 for peripheral neuropathy of the sciatic nerve of the right lower extremity is remanded. Propriety of the assignment of a separate rating for peripheral neuropathy affecting the femoral nerve of the left lower extremity, evaluated as 10 percent disabling as of August 12, 2015, is remanded. Propriety of the assignment of a separate rating for peripheral neuropathy affecting the femoral nerve of the right lower extremity, evaluated as 10 percent disabling as of August 12, 2015, is remanded. Entitlement to a compensable rating for erectile dysfunction is remanded. Entitlement to service connection for hypertension, to include as secondary to service-connected diabetes mellitus, is remanded. Entitlement to service connection for a disorder manifested by involuntary movements is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1965 to July 1967, which included approximately one year of service in the Republic of Vietnam. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from rating decisions issued in February 2010, September 2013, and December 2015 by a Regional Office (RO) of the Department of Veterans Affairs (VA). In August 2018, the Board, as relevant, remanded the claims captioned above, as well as a claim for service connection for an acquired psychiatric disorder. While on remand, a February 2021 rating decision awarded service connection for other specified somatic symptom and related disorder, which is a full grant of the benefit sought on appeal with respect to the Veteran’s claim for service connection for an acquired psychiatric disorder. Thus, such matter is no longer before the Board. The February 2021 rating decision also granted an increased rating of 40 percent, effective December 7, 2020, for his bilateral hearing loss. Consequently, the Board has characterized such issue as shown on the title page of this decision. 1. Entitlement to a rating in excess of 10 percent prior to December 7, 2020, and in excess of 40 percent thereafter for bilateral hearing loss. 2. Entitlement to a rating in excess of 30 percent for diabetic nephropathy. 3. Entitlement to a rating in excess of 20 percent for diabetes mellitus, type II. 4. Entitlement to a rating in excess of 10 percent prior to August 12, 2015, and in excess of 20 percent thereafter for peripheral neuropathy of the left upper extremity. 5. Entitlement to a rating in excess of 20 percent for peripheral neuropathy of the right upper extremity. 6. Entitlement to a rating in excess of 10 percent for peripheral neuropathy of the sciatic nerve of the left lower extremity. 7. Entitlement to a rating in excess of 10 for peripheral neuropathy of the sciatic nerve of the right lower extremity. 8. Propriety of the assignment of a separate rating for peripheral neuropathy affecting the femoral nerve of the left lower extremity, evaluated as 10 percent disabling as of August 12, 2015. 9. Propriety of the assignment of a separate rating for peripheral neuropathy affecting the femoral nerve of the right lower extremity, evaluated as 10 percent disabling as of August 12, 2015. 10. Entitlement to a compensable rating for erectile dysfunction. 11. Entitlement to service connection for hypertension, to include as secondary to service-connected diabetes mellitus. 12. Entitlement to service connection for a disorder manifested by involuntary movements. As noted previously, the Board remanded the above captioned issues in August 2018 for additional development, to include obtaining updated VA records; affording the Veteran appropriate VA examinations so as to address the severity of his bilateral hearing loss, diabetes, and diabetic complications, to include addressing the etiology of hypertension; and readjudicating such claims. After obtaining updated VA treatment records, affording the Veteran numerous VA examinations, and issuing the aforementioned February 2021 rating decision, the Agency of Original Jurisdiction (AOJ) returned, but did not recertify, the appeal to the Board. Specifically, such was received on February 27, 2021, and was docketed at the Board on March 11, 2021. However, it is unclear whether all directed development has been completed, and the AOJ did not readjudicate the issues on appeal as directed in the August 2018 remand. Stegall v. West, 11 Vet. App. 268, 271 (1998). Accordingly, appellate review at this time is premature, and the case must be returned to the AOJ for fulfillment of the August 2018 remand directives, to include the readjudication of the claims on appeal, prior to recertification. The matters are REMANDED for the following action: After ensuring that all development directed in the August 2018 remand has been completed, readjudicate the claims on appeal prior to recertification of the appeal to the Board. A. JAEGER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board N. Northcutt, 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.