Citation Nr: 23044697 Decision Date: 08/10/23 Archive Date: 08/10/23 DOCKET NO. 11-00 295A DATE: August 10, 2023 REMANDED Entitlement to a rating higher than 20 percent for lumbar spine disability is remanded. Entitlement to a compensable rating prior to December 13, 2019, and higher than 20 percent thereafter, for right lower extremity femoral radiculopathy is remanded. Entitlement to a compensable rating prior to December 13, 2019, and higher than 20 percent thereafter, for left lower extremity femoral radiculopathy is remanded. Entitlement to a compensable for right lower extremity peripheral neuropathy of the obturator nerve prior to and after November 23, 2020, is remanded. Entitlement to a compensable rating for right lower extremity peripheral neuropathy of the ilio-inguinal nerve, prior to and after November 23, 2020, is remanded. Entitlement to a compensable rating for left lower extremity peripheral neuropathy of the ilio-inguinal nerve, prior to and after November 23, 2020, is remanded. Entitlement to a compensable rating for right lower extremity peripheral neuropathy of the external cutaneous nerve, prior to and after November 23, 2020, is remanded. Entitlement to a compensable rating for left lower extremity peripheral neuropathy of the external cutaneous nerve, prior to and after November 23, 2020, is remanded. Entitlement to a rating higher than 10 percent prior to August 10, 2017, and higher than 20 percent thereafter, for left upper extremity peripheral neuropathy of the median nerve is remanded. Entitlement to a rating higher than 10 percent prior to September 4, 2008, and higher than 20 percent thereafter, for left lower extremity peripheral neuropathy of the external popliteal nerve is remanded. Entitlement to a rating higher than 10 percent prior to August 10, 2017, and higher than 30 percent thereafter, for right upper extremity peripheral neuropathy is remanded. Entitlement to a rating higher than 10 percent prior to September 4, 2008, and higher than 20 percent thereafter, for right lower extremity peripheral neuropathy of the external popliteal nerve is remanded. Entitlement to a compensable rating for left lower extremity peripheral neuropathy of the obturator nerve, prior and after November 23, 2020, is remanded. Entitlement to a rating higher than 20 percent for diabetes mellitus with erectile dysfunction is remanded. REASONS FOR REMAND The Veteran served on active duty from February 1962 to February 1982. These matters come before the Board on appeal from a July 2008 rating decision. The Veteran testified before the undersigned Veterans Law Judge (VLJ) at a hearing in August 2017. A transcript of that hearing is of record. A May 2019 Board decision denied a rating higher than 20 percent for diabetes mellitus. The Veteran appealed the denial to the United States Court of Appeals for Veterans Claims (Court). In May 2020, the Court issued an order granting a Joint Motion for Partial Remand (JMPR), which served to vacate the May 2019 denial. A March 2020 Board decision adjudicated the issues of entitlement to a higher rating for the low back and femoral radiculopathy of the bilateral lower extremities. The Veteran appealed the denial to the Court. In May 2021, the Court issued an order granting a JMPR, which served to vacate the portion of the March 2020 decision that was a denial. A February 2021 Board decision adjudicated the issues of entitlement to a higher rating for the various neuropathies of the bilateral upper and lower extremities. The Veteran appealed this denial to the Court. In December 2021, the Court issued an order granted a JMPR, which served to vacate the portions of the February 2021 decision that were denials. These matters were remanded several times, most recently in May 2023. 1. Entitlement to a rating higher than 20 percent for lumbar spine disability. 2. Entitlement to a compensable rating prior to December 13, 2019, and higher than 20 percent thereafter, for right lower extremity femoral radiculopathy. 3. Entitlement to a compensable rating prior to December 13, 2019, and higher than 20 percent thereafter, for left lower extremity femoral radiculopathy. 4. Entitlement to a compensable for right lower extremity peripheral neuropathy of the obturator nerve prior to and after November 23, 2020. 5. Entitlement to a compensable rating for right lower extremity peripheral neuropathy of the ilio-inguinal nerve, prior to and after November 23, 2020. 6. Entitlement to a compensable rating for left lower extremity peripheral neuropathy of the ilio-inguinal nerve, prior to and after November 23, 2020. 7. Entitlement to a compensable rating for right lower extremity peripheral neuropathy of the external cutaneous nerve, prior to and after November 23, 2020. 8. Entitlement to a compensable rating for left lower extremity peripheral neuropathy of the external cutaneous nerve, prior to and after November 23, 2020. 9. Entitlement to a rating higher than 10 percent prior to August 10, 2017, and higher than 20 percent thereafter, for left upper extremity peripheral neuropathy of the median nerve. 10. Entitlement to a rating higher than 10 percent prior to September 4, 2008, and higher than 20 percent thereafter, for left lower extremity peripheral neuropathy of the external popliteal nerve. 11. Entitlement to a rating higher than 10 percent prior to August 10, 2017, and higher than 30 percent thereafter, for right upper extremity peripheral neuropathy. 12. Entitlement to a rating higher than 10 percent prior to September 4, 2008, and higher than 20 percent thereafter, for right lower extremity peripheral neuropathy of the external popliteal nerve. 13. Entitlement to a compensable rating for left lower extremity peripheral neuropathy of the obturator nerve, prior and after November 23, 2020. 14. Entitlement to a rating higher than 20 percent for diabetes mellitus with erectile dysfunction. The May 2023 remand instructed the Agency of Original Jurisdiction (AOJ) to contact the Veteran to identify and obtain copies of any pertinent private treatment records, and to contact the Veteran's representative for assistance in obtaining the Veteran's current mailing address if necessary. The reason for this remand was that the previous attempt to contact the Veteran was returned by the U.S. Postal Service as undeliverable. Unfortunately, in May 2023 the AOJ sent a development letter to the same address from which mail had been returned as undeliverable in the past, with no indication of any attempt to request assistance from the Veteran's representative in obtaining his current mailing address. Although the May 2023 letter was not returned as undeliverable, the Supplemental Statement of the Case (SSOC) sent to the same address in June 2023 was. Because mail to this address was returned as undeliverable before and after May 2023, the Board cannot assume that the May 2023 letter reached the Veteran. An attempt should be made to ask the Veteran's representative for assistance in obtaining the Veteran's current mailing address, in compliance with the May 2023 remand. Stegall v. West, 11 Vet. App. 268, 271 (1998). The matters are REMANDED for the following action: 1. Contact the Veteran's representative for assistance in obtaining the Veteran's current mailing address as the mailing address on file appears to be inaccurate. Make a record of this attempt and associate it with the claims file. If a new address is obtained, ask the Veteran to complete a VA Form 21-4142 to obtain any pertinent private treatment records for his diabetes, peripheral neuropathy, and his back, specifically to include Dr. J.E.L., Dr. E., Dr. G. and Dr. M. Make two requests for the authorized records from any treatment provider identified by the Veteran, unless it is clear after the first request that a second request would be futile. M.E. Larkin Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Budd, 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.