Citation Nr: 21042110 Decision Date: 07/12/21 Archive Date: 07/12/21 DOCKET NO. 17-54 200 DATE: July 12, 2021 ORDER Service connection for left lower extremity peripheral neuropathy is granted. Service connection for right lower extremity peripheral neuropathy is granted. REMANDED Entitlement to a compensable rating for bilateral hearing loss is remanded. Entitlement to a rating in excess of 10 percent for residuals of a gunshot wound to the left shoulder with brachial plexus injury (a left shoulder disability) is remanded. Entitlement to total disability rating based on individual unemployability (TDIU) is remanded. FINDINGS OF FACT 1. The preponderance of the evidence weighs in favor of a finding that the Veteran's left lower extremity peripheral neuropathy is secondary to his service-connected diabetes mellitus, type II. 2. The preponderance of the evidence weighs in favor of a finding that the Veteran's right lower extremity peripheral neuropathy is secondary to his service-connected diabetes mellitus, type II. CONCLUSIONS OF LAW 1. The criteria for entitlement to service connection for left lower extremity peripheral neuropathy have been met. 38 U.S.C. §§ 1111, 1131; 38 C.F.R. § 3.310. 2. The criteria for entitlement to service connection for right lower extremity peripheral neuropathy have been met. 38 U.S.C. §§ 1111, 1131; 38 C.F.R. § 3.310. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from November 1965 to June 1989. These claims are on appeal from January 2015, March 2016, and December 2016 rating decisions. This appeal has been advanced on the Board's docket. See 38 U.S.C. § 7107(a); 38 C.F.R. § 20.900(c). The Veteran testified at a hearing before the undersigned Veterans Law Judge in July 2021. 1. Service connection for left lower extremity peripheral neuropathy 2. Service connection for right lower extremity peripheral neuropathy The Veteran is claiming service connection for bilateral lower extremity peripheral neuropathy. VA regulation provides that a disability that is proximately due to, or results from, another disease or injury for which service connection has been granted, will be considered part of the original disorder. 38 C.F.R. § 3.310(a). A November 2019 VA peripheral nerves examination reflects that the Veteran has bilateral lower extremity peripheral neuropathy which is secondary to his service-connected diabetes mellitus, type II. Additionally, an April 2018 letter from the Veteran's treating podiatrist indicates that the podiatrist had been treating the Veteran for neuropathy symptoms in his lower extremities, which is secondary to his diabetes. Thus, service connection is warranted for bilateral lower extremity peripheral neuropathy on a secondary basis, and the claims are granted in full. REASONS FOR REMAND 1. Entitlement to a compensable rating for bilateral hearing loss is remanded. 2. Entitlement to a rating in excess of 10 percent for a left shoulder disability is remanded. At his hearing before the Board, the Veteran testified that his hearing loss and left shoulder disability had worsened since his last examinations in November 2019. Accordingly, these issues are remanded to provide the Veteran with more recent examinations. See Snuffer v. Gober, 10 Vet. App. 400, 403 (1997). 3. Entitlement to TDIU is remanded. The record reflects that the Veteran is in receipt of Title II disability benefits from the Social Security Administration (SSA). See SSA Inquiries dated September 2019 and November 2019. Given that these records may be relevant to the Veteran's claims, the AOJ is required to attempt to obtain them on remand. See Murincsak v. Derwinski, 2 Vet. App. 363 (1992). While this case is in remand status, all outstanding VA treatment records must also be obtained and associated with the evidence of record before the Board. See Bell v. Derwinski, 2 Vet. App. 611 (1992). (CONTINUED ON NEXT PAGE) The matters are REMANDED for the following action: 1. Attempt to obtain the Veteran's Social Security Administration disability benefit records in accordance with VA regulation. 2. Obtain all outstanding VA treatment records and associate them with the electronic claims file. 3. Afford the Veteran an examination to determine the current severity of his bilateral hearing loss. The examiner must obtain from the Veteran and record in the examination report all functional effects he experiences due to this disability. 4. Afford the Veteran an examination to determine the current severity of his left shoulder disability. The examiner must provide the following information: (a) Obtain and record in the examination report a complete description from the Veteran regarding the symptoms and functional impairment he experiences, to include the frequency, duration, characteristics, severity, and functional loss on any flare-ups. (b) Range of motion testing must be performed and include testing in active motion and passive motion. The examiner should also discuss weight-bearing and nonweight-bearing ranges. If such are not applicable or unable to be performed, the examiner must provide an explanation for why this is so. (c) The examiner should note any pain, weakened movement, excess fatigability, instability of station, and lack of coordination present. (d) The examiner should state whether the examination is taking place during a flare-up or after repeated use over time. Based on the Veteran's lay statements and the other evidence of record, the examiner should provide opinions estimating any additional degrees of limited range of motion caused by functional loss during a flare-up AND after repeated use over time. If rendering any opinion is not possible, the clinician must provide an adequate explanation as to why; the inability to provide an opinion may NOT be based on the fact that the Veteran was not examined on repetitive use or during a flare-up. Estimations should be attempted to be made based on the Veteran's description of symptoms. (e) The examiner should additionally determine the severity of the Veteran's muscle injury, consistent with the criteria found in Diagnostic Code 5304. Jennifer White Veterans Law Judge Board of Veterans' Appeals Attorney for the Board O'Connell, Jessica L. 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.