Citation Nr: 18151881 Decision Date: 11/20/18 Archive Date: 11/20/18 DOCKET NO. 16-40 604A DATE: November 20, 2018 REMANDED Entitlement to service connection for right lower extremity peripheral neuropathy, to include as due to herbicide exposure, is remanded. Entitlement to service connection for left lower extremity peripheral neuropathy, to include as due to herbicide exposure, is remanded. Entitlement to service connection for right upper extremity peripheral neuropathy, to include as due to herbicide exposure, is remanded. Entitlement to service connection for left upper extremity peripheral neuropathy, to include as due to herbicide exposure, is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1966 to July 1969. This appeal to the Board of Veterans’ Appeals (Board) is from a February 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). Service personnel records confirm the Veteran served in Vietnam during the Vietnam era; therefore, it is presumed he was exposed to herbicide agents. 38 U.S.C. § 1116 (f); 38 C.F.R. § 3.307 (a)(6)(iii). The Veteran asserts that his current peripheral neuropathy of the upper and lower extremities is due to the exposure to herbicides during his service in the Republic of Vietnam. The Board finds that the Veteran should be afforded a VA examination and opinion prior to adjudication of the claim for service connection. The Veteran has not been afforded a VA examination in this matter. A June 2010 VA examination report indicates that the Veteran has a diagnosis of peripheral neuropathy but the VA examiner did not provide an opinion as to onset and etiology. An August 1991 VA agent orange examination report shows a diagnosis of probable peripheral neuropathy. The VA examiner stated that the diagnosis was confused by the cervical spine disease which may have caused some sensory loss but findings at this time suggest a more peripheral form of neuropathy. The VA examiner noted that there was no clear cause of this condition in the patient and the Veteran was referred to the neurology clinic. The VA examination report indicates that the Veteran reported having tingling in the hands and feet since 1985. Also, there is medical evidence of a diagnosis of radiculopathy. Service connection is in effect for a lumbar spine disability. Upon remand, the Veteran should be afforded a VA examination to determine the nature and etiology of the peripheral neuropathy. McLendon v. Nicholson, 20 Vet. App. 79, 81-83 (2006). In a May 2018 statement, the Veteran asserted that he first sought medical treatment at the VA healthcare facility in 1970. He asserted that the RO did not search for VA treatment records from the Portland VA medical center. It is not clear whether VA searched for the 1970 VA treatment records. Thus, on remand, the AOJ should conduct a search, including a search of archived records, for the Veteran’s VA treatment records dated from 1969 to 1975 including from the Portland VA medical center. VA has a duty to seek these records. 38 U.S.C. § 5103A (b)(1). The matters are REMANDED for the following action: 1. Conduct a search, including a search of archived records, for the Veteran’s VA treatment records dated from 1969 to 1975 including from the Portland, Oregon VA medical center. Schedule the Veteran for a VA neurological examination. All neurologic diagnoses should be reported. With respect to any peripheral neuropathy of the hands and feet that may be present, the examiner should offer an opinion as to whether it is at least as likely as not (a 50 percent or greater likelihood) that any current peripheral neuropathy of the hands and feet was incurred in service or was manifested within one year of the Veteran’s separation from service, or is etiologically related to his active service, to include exposure to herbicides during service. For any other neurologic disability found on exam, the examiner should offer an opinion as to whether it is at least as likely as not (a 50 percent or greater likelihood) that any current neurological disability of the hands and feet was incurred in service or was manifested within one year of the Veteran’s separation from service, or is etiologically related to his active service, or is caused by or aggravated by a service-connected disability to include the lumbar spine disability. A rationale for the requested opinion shall be provided. THOMAS H. O'SHAY Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD C.L. Krasinski, Counsel