Citation Nr: 18148404
Decision Date: 11/07/18	Archive Date: 11/07/18

DOCKET NO. 16-42 010
DATE:	November 7, 2018

REMANDED
Entitlement to service connection for left lower peripheral neuropathy, secondary to service connected Diabetes Mellitus, Type 2 is remanded.
Entitlement to service connection for right lower peripheral neuropathy, secondary to service connected Diabetes Mellitus, Type 2 is remanded.
REASONS FOR REMAND
Entitlement to service connection for bilateral lower peripheral neuropathy, secondary to service connected Diabetes Mellitus, Type 2 is remanded.
With regard to the issues on appeal, the Board notes that the Veteran was afforded a Diabetic Sensory-Motor Peripheral Neuropathy Disability Benefits Questionnaire examination in July 2016. The examiner determined that he could not opine whether the Veteran’s bilateral lower peripheral neuropathy was at least as likely as not proximately due to or the result of diabetes mellitus without resorting to mere speculation. Of note, he stated that it “would be with mere speculation to attribute his current bilateral lower extremity peripheral neuropathy solely to his Diabetes.” The examiner also gives the same opinion and rationale with regard to whether the Veteran’s bilateral lower peripheral neuropathy was aggravated by his diabetes mellitus. 
The Board finds these opinions insufficient. Specifically, it is not clear to the Board whether the Veteran’s bilateral lower peripheral neuropathy was at least as likely as not proximately due to or aggravated by the Veteran’s service-connected diabetes mellitus or if his bilateral lower peripheral neuropathy was not solely (emphasis added) due to or aggravated by the Veteran’s service-connected diabetes mellitus.
The Board notes that the examiner was asked to provide an opinion as to whether there was essentially a 50 percent or greater probability that the Veteran’s bilateral lower peripheral neuropathy was due to or aggravated by the Veteran’s service-connected diabetes mellitus, not whether his bilateral lower peripheral neuropathy was solely due to or aggravated by the Veteran’s service-connected diabetes mellitus.
The matters are REMANDED for the following action:
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1. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran’s bilateral lower peripheral neuropathy is at least as likely as not proximately due to his service-connected diabetes mellitus or aggravated beyond its natural progression by service-connected diabetes mellitus.
(a.) As a note to the examiner, the term “at least as likely as not” translates to a 50 percent or greater probability.
 
N. RIPPEL
Acting Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	R.A. Elliott II, Associate Counsel