Citation Nr: 21039766 Decision Date: 07/01/21 Archive Date: 07/01/21 DOCKET NO. 10-43 997A DATE: July 1, 2021 REMANDED Entitlement to an initial rating in excess of 10 percent prior to April 30, 2019, and in excess of 30 percent thereafter for left elbow neuropathy is remanded. Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from April 1979 to April 1982, September 1982 to October 1984, and September 1987. These matters come before the Board of Veterans' Appeals (Board) on appeal from a March 2010 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The issues were previously before the Board in September 2015, August 2017, May 2020, and October 2020, at which time they were remanded for further evidentiary development 1. Entitlement to an initial rating in excess of 10 percent prior to April 30, 2019, and in excess of 30 percent thereafter for left elbow neuropathy. 2. Entitlement to a total disability rating based on a TDIU. Unfortunately, another remand is necessary, as there has not been substantial compliance with the Board's remand directives. Stegall v. West, 11 Vet. App. 268 (1998) (finding that a remand by the Board confers on the Veteran the right to compliance with its remand orders). In its October 2020 remand directives, the Board specifically sought a new VA examination to obtain EMG testing to determine whether the Veteran's current left elbow neuropathy is wholly sensory or confirmed by objective testing. The Veteran was afforded a new VA examination of his left elbow in March 2021, and although the examiner reviewed prior EMG studies, an EMG testing was not conducted as requested by the Board. As such, the Board finds a remand is warranted. As the Veteran's claim to an increased rating for left elbow neuropathy is being remanded herein for additional development, the Board finds that the claim to TDIU may be impacted by any subsequent findings. As such, the claim to TDIU is inextricably intertwined with the increased rating claim and is also remanded. See Harris v. Derwinski, 1 Vet. App. 180 (1991). The matters are REMANDED for the following action: 1. Schedule the Veteran for a new VA examination to determine the extent and severity of his service-connected left elbow neuropathy. (a.) The record should be reviewed by the examiner. All appropriate tests and studies should be conducted, and the results reported in detail, specifically to include EMG testing. The report should include all subjective complaints and objective symptoms. (b.) The examiner is asked to determine whether any relevant findings of neuropathy in the left upper extremity other than involving the medial nerve are at least as likely as not (probability of 50 percent or greater) proximately caused or aggravated (i.e., worsened beyond natural progression) by the Veteran's service-connected left elbow disability. In determining whether the condition is aggravated by his service-connected disability, discuss a baseline level of severity of the claimed condition established by medical evidence created before the onset of aggravation or by the earliest medical evidence created at any time between the onset of aggravation and the receipt of medical evidence establishing the current level of severity. (c.) The examiner is also asked to differentiate, to the extent possible, any reported or observed symptomology attributable to the service-connected left elbow neuropathy versus that attributable to nonservice-connected cervical radiculopathy. (Continued on the next page) (d.) To the extent possible, determine whether the left elbow neuropathy is wholly sensory and its severity throughout the pendency of the claim since November 2003. 2. After completing the above, and any additionally indicated development, readjudicate the claim to an increased rating for left elbow neuropathy and the claim to TDIU. A. Yaffe Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Lee Feldman, 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.