Citation Nr: 18152493 Decision Date: 11/23/18 Archive Date: 11/23/18 DOCKET NO. 16-54 230 DATE: November 23, 2018 REMANDED Entitlement to service connection for peripheral neuropathy of the left lower extremity, to include as due to herbicide exposure, is remanded. Entitlement to service connection for peripheral neuropathy of the right lower extremity, to include as due to herbicide exposure, is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1969 to June 1971, including service in Vietnam. These matters come before the Board of Veterans’ Appeals (Board) on appeal from a June 2013 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Chicago, Illinois. The June 2013 rating decision denied the Veteran’s claims for entitlement to service connection for posttraumatic stress disorder (PTSD) and neuropathy of the left and right upper and lower extremities. The Veteran filed a Notice of Disagreement (NOD) with all issues. However, in a September 2016 rating decision, the RO granted the Veteran’s claim for entitlement to service connection for PTSD. This represents a complete grant of the benefits sought; therefore, that issue is no longer on appeal. Further, on the Veteran’s October 2016 VA Form 9, he limited his appeal to the issues of entitlement to service connection for neuropathy of the left and right lower extremities. Therefore, those are the only 2 issues on appeal. Entitlement to service connection for peripheral neuropathy of the left and right lower extremities, to include as due to herbicide exposure, is remanded. First, during the pendency of this appeal, VA regulations with respect to claims of service connection for peripheral neuropathy for individuals with Vietnam service were amended. Specifically, the definition of peripheral neuropathy for presumptive service connection based on exposure to herbicides was changed from acute to early onset. See 78 Fed. Reg. 54736 (Sept. 6, 2013). Under the amendments, peripheral neuropathy will still need to become manifest to a degree of 10 percent or more within one year after the date of last exposure to herbicides in order to qualify for the presumption of service connection, but it no longer needs to be transient. Id. Considering the lay history provided in this matter of symptoms such as pain and numbness in the Veteran’s legs beginning the year he was discharged and continuing for many years following service discharge, the Veteran’s claims may well be affected by this change. The Veteran has not been afforded a VA examination in connection with his claims. Based on the foregoing, the Board finds that a remand is necessary to obtain a VA medical opinion regarding the etiology of the Veteran’s neuropathy of the bilateral lower extremities. See McLendon v. Nicholson, 20 Vet. App. 79 (2006)(VA’s duty to assist includes obtaining a medical opinion where there is evidence of a possible connection between the Veteran’s claimed disability and service). Second, in his December 2016 VA Form 21-4138, the Veteran stated that he had been treated at the Iowa City VA Medical Center (VAMC) for his pain and numbness in his legs. In January 2017, the RO requested the Veteran’s records from the Iowa City VAMC, specifically records from January 1971 to January 1998. In February 2017, the RO received treatment records dated July through November 1996. Within those records was a 1996 records request from the Veteran’s disability insurance company requesting records from January 1, 1996. It is unclear as to whether the Iowa City VAMC ensured that all of the Veteran’s records dated from 1971 were collected and submitted to the RO. In that regard, the 1996 medical records currently associated with the file appear to be a documentation of a continuation of the Veteran’s treatment with the VA and not a record of his first encounter with the VA. Therefore, the Board finds that a remand is necessary to obtain the Veteran’s medical records from the VAMC Iowa City, dating from 1971 to the present. The matters are REMANDED for the following action: 1. Obtain the Veteran’s VA treatment records from the Iowa City VAMC, dating from 1970 to present and associate with his electronic claims folder. Currently only records dated for the year of 1996 are of record. The records appear to be a documentation of continuation of services and not the Veteran’s first encounter with the VA. If records prior to 1996 have been destroyed or are otherwise unavailable, the Iowa City VAMC needs to provide a statement attesting to the unavailability. 2. Then, schedule the Veteran for a VA examination to determine the etiology of his neuropathy of the bilateral lower extremities. The Veteran’s electronic claims file, including a copy of this remand, must be made available to the examiner for review in connection with the opinion. The examiner is asked to offer opinions as to the following: Whether it is at least as likely as not (50 percent probability or greater) that the Veteran’s neuropathy of the bilateral lower extremities was incurred in or is otherwise related to service, to include due to his accepted in-service exposure to Agent Orange in the Republic of Vietnam during the Vietnam Era. The examiner is advised that the Veteran’s lay statements about symptomatology and onset (beginning in 1971) are considered competent and should also be deemed credible unless the expert can provide a specific reason for refuting their credibility. Any such reason should be specifically identified and explained. The examiner must provide a rationale for all opinions. Biswajit Chatterjee Acting Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD L. Baskerville, Counsel