Citation Nr: 21026998 Decision Date: 05/04/21 Archive Date: 05/04/21 DOCKET NO. 16-40 971A DATE: May 4, 2021 REMANDED Entitlement to an increased disability rating in excess of 20 percent for the service-connected diabetes mellitus, type II is remanded. Entitlement to an increased disability rating in excess of 20 percent prior to October 13, 2017 for the service-connected left lower extremity peripheral neuropathy is remanded. Entitlement to an increased disability rating in excess of 40 percent since October 13, 2017 for the service-connected left lower extremity peripheral neuropathy is remanded. Entitlement to an increased disability rating in excess of 20 percent prior to October 13, 2017 for the service-connected right lower extremity peripheral neuropathy is remanded. Entitlement to an increased disability rating in excess of 40 percent since October 13, 2017 for the service-connected right lower extremity peripheral neuropathy is remanded. Entitlement to an initial disability rating in excess of 30 percent since October 13, 2017 for the service-connected left upper extremity peripheral neuropathy is remanded. Entitlement to an initial disability rating in excess of 20 percent since October 13, 2017 for the service-connected right upper extremity peripheral neuropathy is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1968 to June 1972. These matters come before the Board of Veterans Appeals (Board) on appeal from a November 2014 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). In an August 2019 decision, the Board denied the increased ratings for diabetes mellitus, type II in excess of 20 percent, left lower extremity peripheral neuropathy in excess of 20 percent prior to October 13, 2017, and right lower extremity peripheral neuropathy in excess of 20 percent prior to October 13, 2017. The Board also granted a 40 percent rating for left lower extremity peripheral neuropathy since October 13, 2017, a 40 percent rating for right lower extremity peripheral neuropathy since October 13, 2017, a separate 30 percent rating for left upper extremity peripheral neuropathy since October 13, 2017 and a separate 20 percent rating for right upper extremity peripheral neuropathy since October 13, 2017. In addition, the Board granted service connection for depressive disorder. The Veteran appealed the Board's decision to the United States Court of Appeals for Veterans Claims (Court). By an October 2020 Order, the Court vacated the August 2019 Board decision to the extent it denied entitlement to a rating in excess of 20 percent for diabetes mellitus, type II; a rating in excess of 20 percent for left lower extremity peripheral neuropathy prior to October 13, 2017, and in in excess of 40 percent from October 13, 2017, onward; a rating in excess of 20 percent for right lower extremity peripheral neuropathy prior to October 13, 2017, and in excess of 40 percent from October 13, 2017, onward; a rating in excess of 30 percent for left upper extremity peripheral neuropathy from October 13, 2017, onward; and a rating in excess of 20 percent for right upper extremity peripheral neuropathy from October 13, 2017, onward and remanded the claims to the Board for compliance with instructions pursuant to an October 2020 Joint Motion for Partial Remand (JMPR). The JMPR also noted that the Court lacked jurisdiction over the issues of entitlement to a rating in excess of 60 percent for coronary artery disease with ischemic cardiomyopathy status post myocardial infarction and entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities which the Board remanded in its August 2019 decision. The Board notes that a December 2019 rating decision granted entitlement to a TDIU from June 9, 2014. As that decision constitutes a grant of the claim for entitlement to a TDIU, the claim is no longer on appeal. See generally Grantham v. Brown, 114 F.3d 1156, 1158-59 (Fed. Cir. 1997), (because appellant's first appeal concerned rejection of logically up-stream element of service connection, appeal could not concern logically down-stream elements). Regarding the coronary artery disease, the Board notes that a January 2021 rating decision (accompanied by a January 2021 statement of the case) continued the 60 percent rating for coronary artery disease with ischemic cardiomyopathy status post myocardial infarction (claimed as ischemic heart disease) and now includes diagnosed valvular heart disease. However, as the claim has not been recertified to the Board, such will be the subject of a later Board decision. 1. Entitlement to an increased disability rating in excess of 20 percent for the service-connected diabetes mellitus, type II is remanded. 2. Entitlement to an increased disability rating in excess of 20 percent prior to October 13, 2017 for the service-connected left lower extremity peripheral neuropathy is remanded. 3. Entitlement to an increased disability rating in excess of 40 percent since October 13, 2017 for the service-connected left lower extremity peripheral neuropathy is remanded. 4. Entitlement to an increased disability rating in excess of 20 percent prior to October 13, 2017 for the service-connected right lower extremity peripheral neuropathy is remanded. 5. Entitlement to an increased disability rating in excess of 40 percent since October 13, 2017 for the service-connected right lower extremity peripheral neuropathy is remanded. 6. Entitlement to an initial disability rating in excess of 30 percent since October 13, 2017 for the service-connected left upper extremity peripheral neuropathy is remanded. 7. Entitlement to an initial disability rating in excess of 20 percent since October 13, 2017 for the service-connected right upper extremity peripheral neuropathy is remanded. The Board notes that the Veteran last underwent VA diabetes mellitus and peripheral nerve examinations in October 2017. Given that it has been nearly four years since that time, the Board finds that the record as is, may not accurately reflect the current severity of the Veteran's service-connected diabetes mellitus and bilateral upper and lower extremity peripheral neuropathy. Accordingly, the Board finds the Veteran should be scheduled for VA diabetes mellitus and peripheral nerve examinations upon remand. Updated treatment records should also be obtained upon remand. The matters are REMANDED for the following actions: 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 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 records development is completed, schedule the Veteran for a VA diabetes mellitus examination to determine the current severity of the service-connected diabetes mellitus, type II. The claims file should be reviewed by the examiner. All necessary tests should be performed, and the results reported. All symptomatology associated with the diabetes mellitus should be reported. 3. Schedule the Veteran for a VA peripheral nerve examination to determine the current severity of the service-connected bilateral upper and lower extremity peripheral neuropathy. 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 should be reported. T.D. JONES Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Medina, 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.