Citation Nr: 18148050 Decision Date: 11/06/18 Archive Date: 11/06/18 DOCKET NO. 14-06 051 DATE: November 6, 2018 REMANDED The issue of entitlement to service connection for bilateral lower extremity peripheral neuropathy, to include as due to herbicide exposure, is remanded. REASONS FOR REMAND The Veteran served on active duty from February 1968 to September 1970, with confirmed service in the Republic of Vietnam. In August 2017, the Veteran testified at a Board of Veterans’ Appeals (Board) hearing before the undersigned. A transcript of the hearing is associated with the record. The Veteran contends that service connection for bilateral lower extremity peripheral neuropathy is related to herbicide exposure and reports onset of symptoms shortly after he returned from Vietnam that progressively worsened since. He testified that he felt “very mild” symptoms for years after service, to include tingling and the sensation of not wanting anything on his feet, and explained that he did not know the symptoms were neuropathy until 2009. VA treatment records indicate bilateral leg symptoms of pain and tingling have been assessed as peripheral neuropathy and unspecified idiopathic peripheral neuropathy; a May 2012 VA treatment record also noted complaints of bilateral lower extremity pain and numbness and assessed the disorder as “likely” polyneuropathy secondary to alcohol use. The Board finds further development is warranted before the claim may be adjudicated. Specifically, the appeal is remanded in order to afford the Veteran an examination due to evidence of current bilateral lower extremity peripheral neuropathy as well as competent statements that symptomatology began shortly after discharge from service and continued since. See McLendon v. Nicholson, 20 Vet. App. 79 (2006) (explaining that a VA examination would generally be provided when there is evidence of (1) a current disability, (2) an in-service event, injury, or disease, (3) some indication that the claimed disability may be associated with the established event, injury, or disease, and (4) insufficient competent evidence of record for VA to make a decision); see also 38 C.F.R. §§ 3.307(a)(3), (6); 3.309(a), (e) (noting chronic diseases such as other organic diseases of the nervous system, to include peripheral neuropathy, may be presumed to have been incurred in active service if manifested to a compensable degree within one year of separation and that early-onset peripheral neuropathy may be service-connected as a disease associated with exposure to herbicide agents if manifest to a degree of 10 percent or more within a year after the last date on which the veteran was exposed to an herbicide agent during active service). As such, the Board finds sufficient evidence to warrant an examination. McLendon, at 83 (noting that the threshold for finding sufficient evidence of a nexus for purposes of an examination is low). The matter is REMANDED for the following actions: 1. Obtain the Veteran’s VA treatment records dated since March 2012. 2. After any records development is completed, schedule the Veteran for an examination to determine the nature and etiology of his claimed bilateral lower extremity peripheral neuropathy. The claims file should be made available to the examiner. All necessary tests should be conducted and the results reported. The examiner is reminded that the Veteran served in the Republic of Vietnam such that exposure to herbicide agents is presumed. The examiner should elicit a full history from the Veteran and consider the lay statements of record regarding onset of symptomatology shortly after discharge and VA treatment records assessing bilateral lower extremity peripheral neuropathy since about 2009. If there is a medical basis to support or doubt the history provided by the Veteran, the examiner should provide a fully reasoned explanation. Following review of the claims file and examination of the Veteran, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent probability or greater) that any bilateral lower extremity peripheral neuropathy had onset within one year of separation from active service (September 1970). If the examiner determines that any bilateral lower extremity peripheral neuropathy had onset within one year of active service, he or she is directed to determine whether the disorder at least as likely as not (50 percent probability or greater) manifested to a compensable degree within one year of discharge. The examiner is asked to explain whether such peripheral neuropathy is early-onset peripheral neuropathy. If the examiner determines that any bilateral lower extremity peripheral neuropathy did not have onset within one year of active service, he or she is directed to provide an opinion as to whether it is at least as likely as not (50 percent probability or greater) related to an in-service injury, event, or disease, to include herbicide agent exposure. A rationale for all opinions expressed should be provided. A notation to the fact that peripheral neuropathy was not manifest to a compensable degree within one year of separation from service is not sufficient rationale on its own for a negative opinion. ANTHONY C. SCIRÉ, JR Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD A. Odya-Weis, Counsel