Citation Nr: 19124256
Decision Date: 04/01/19	Archive Date: 04/01/19

DOCKET NO. 17-48 607
DATE:	April 1, 2019

REMANDED

Entitlement to service connection for peripheral neuropathy of the lower extremities is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1969 to August 1971.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2017 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran contends that his peripheral neuropathy of the lower extremities is due to exposure to Agent Orange during Operation RED HAT in Okinawa.

The Veteran presented what appears to be a timeline of Operation RED HAT. It is unclear who generated the timeline, but the timeline seems to suggest that Operation RED HAT included the transport or use of herbicides in addition to chemical munitions. The question of herbicide exposure while the Veteran was stationed on Okinawa must be developed.

The Veteran also submitted a letter from his private neurologist, who opined that the Veteran’s peripheral neuropathy “could have been caused by contact with Agent Orange.” Unfortunately, medical opinions expressed in terms of “may” or “could be” are too speculative to be of probative value. See, e.g., Warren v. Brown, 6 Vet. App. 4, 6 (1993); Obert v. Brown, 5 Vet. App. 30, 33 (1993). Still, the Veteran has not been afforded a VA medical examination, and the neurologist’s opinion does “indicate” that the Veteran’s condition may be related to service. McLendon v. Nicholson, 20 Vet. App. 79, 83 (2006). Given that the record supports that the Veteran has a current disability of peripheral neuropathy, as well as that the Veteran served in Okinawa at the time Operation RED HAT was underway to relocate chemical munitions, the Board will remand for a medical examination in accordance with VA’s duty to assist the Veteran. Id. at 86 (applying 38 U.S.C. § 5103A(d)); see also 38 C.F.R. § 3.159(c)(4). 

The matter is REMANDED for the following action:

1. Request that U.S. Joint Services Records and Research Center, or any other official source, investigate and attempt to corroborate the Veteran’s reports of exposure to herbicides on Okinawa during Operation RED HAT. 

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2. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of peripheral neuropathy of the left and right lower extremities. The examiner must opine whether it is at least as likely as not related to an in-service injury or disease, or any confirmed exposure to herbicides.

 

James L. March

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	M. Davis, Associate Counsel