Citation Nr: 21029276 Decision Date: 05/13/21 Archive Date: 05/13/21 DOCKET NO. 14-41 004 DATE: May 13, 2021 REMANDED The issue of an initial increased rating of more than 10 percent for right upper extremity polyneuropathy with right ulnar neuropathy from September 17, 2012 is remanded. The issue of an increased rating of more than 20 percent for right upper extremity polyneuropathy with right ulnar neuropathy from September 5, 2019 is remanded. The issue of an increased rating of more than 70 percent for right upper extremity polyneuropathy with right ulnar neuropathy from November 13, 2020 is remanded. The issue of a total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1966 to April 1967 and from May 1968 to September 1969. This matter is before the Board of Veterans' Appeals (Board) on appeal from a November 2013 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In May 2015, a hearing was held before a Veterans Law Judge (VLJ). A transcript of the hearing is in the record. In March 2020, the Veteran was informed that the VLJ who held the hearing was no longer available to participate in the appeal. He was advised to submit a request for another hearing within 30 days if he wished to have one, and no such request was received. Therefore, the Board will proceed with his appeal. In August 2020, the Board remanded the claims of increased rating for right upper extremity polyneuropathy with right ulnar neuropathy, service connection for heart disease, left upper extremity neuropathy and bilateral lower extremity neuropathy. While the claims were pending, the RO granted service connection for heart disease, left upper extremity neuropathy and bilateral lower extremity neuropathy. Therefore, those claims are no longer on appeal. 1. The issue of entitlement to an initial increased rating more than 10 percent for right upper extremity polyneuropathy with right ulnar neuropathy from September 17, 2012 is remanded. 2. The issue of entitlement to an increased rating more than 20 percent for right upper extremity polyneuropathy with right ulnar neuropathy from September 5, 2019 is remanded. 3. The issue of entitlement to an increased rating more than 70 percent for right upper extremity polyneuropathy with right ulnar neuropathy from November 13, 2020 is remanded. 4. The issue of entitlement to a TDIU is remanded. The matters are REMANDED for the following action: 1. BACKGROUND FOR THE RO ADJUDICATOR: There has not been substantial compliance with the Board's previous remand directives regarding the issues. Another remand is required. Stegall v. West, 11 Vet. App. 268, 271 (1998). In the August 2020 decision, the Board instructed the RO to obtain a medical opinion to determine whether the Veteran's right wrist contracture is a manifestation of the service-connected right upper extremity polyneuropathy. Review of the November 2020 VA medical opinion reflects this was not accomplished. Regarding TDIU, the record contains VA peripheral neuropathy examinations and the Veteran's statements that his service-connected disabilities impact his ability to work. See Rice v. Shinseki, 22 Vet. App. 447 (2009); Roberson v. Principi, 251 F.3d 1378 (Fed. Cir. 2001). As a decision on the remanded increased rating claims could significantly impact a decision on the issue of TDIU, the issues are inextricably intertwined. A remand of the claim is required. 2. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran's right wrist contracture is a manifestation of the service-connected right upper extremity polyneuropathy with right ulnar neuropathy. The examiner must review the entire record in conjunction with rendering the requested opinion. IN ADDITION TO ANY RECORDS THAT ARE GENERATED BECAUSE OF THIS REMAND, the VA examiner's attention is drawn to the following: *A February 2013 VA treatment record notes the Veteran had bilateral wrist flexion contractures that were possibly related to neurological issues. *A September 2017 VA treatment record notes the Veteran had contractures of both wrists. *A November 2018 VA treatment record notes the Veteran had bilateral wrist contractures. *The September 2019 peripheral neuropathy VA examiner noted the Veteran's wrists were palmar flexed to 20 degrees. (Continued on the next page) The examiner must provide a complete explanation for the opinion. If the examiner cannot provide a requested opinion without resorting to speculation, the examiner must provide the reasons why an opinion would require speculation. The examiner must indicate whether there was any further information or testing necessary to make a decision. The examiner must indicate whether an opinion could not be given due to limitations of knowledge in the medical community at large and not those of the particular examiner. 3. After the above development, readjudicate the issues on appeal, to include TDIU. If any benefit sought on appeal remains denied, the Veteran and his representative should be provided a supplemental statement of the case (SSOC). An appropriate period should be allowed for response before the case is returned to the Board. Vito A. Clementi Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. McDuffie, 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.