Citation Nr: 21002950
Decision Date: 01/19/21	Archive Date: 01/19/21

DOCKET NO. 18-11 145
DATE: January 19, 2021

ORDER

Service connection for bilateral upper extremity peripheral neuropathy is granted.

FINDING OF FACT

The Veteran has a current diagnosis of bilateral upper extremity radiculopathy, as per his October 2020 VA peripheral nerves examination; he provided competent and credible testimony during his May 2019 Board hearing that he observed the symptom of tingling in his hands beginning in service and this symptom has persisted until the present and his diagnosis of bilateral upper extremity neuropathy was subsequently confirmed. [The Board notes the October 2020 VA examiner noted the Veteran reported the condition began after service, however, the Board assigns greater weight to the Veteran’s May 2019 testimony because the October 2020 medical opinions did not provide an adequate rationale regarding direct service connection.] 

CONCLUSION OF LAW

Service connection is warranted for a bilateral upper extremity neuropathy condition. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304; see Nieves-Rodriguez v. Peake, 22 Vet. App. 295, 304 (2008).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from November 1965 to October 1969. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a September 2015 rating decision by the San Diego, California Department of Veterans Affairs (VA) Regional Office (RO). The Veteran timely initiated an appeal in April 2016 and perfected it in January 2018. In May 2019, a hearing was held before the undersigned Veterans Law Judge (VLJ). A copy of the transcript of the hearing is associated with the claims file. In August 2019, the Board remanded the issues of left and right-hand peripheral neuropathy, including as secondary to a service-connected lower back condition, for further development. The issues have returned to the Board and have been re-characterized accordingly for simplicity. 

For the reasons explained above, the appeal is granted.

 

 

VICTORIA MOSHIASHWILI

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Arritt, David

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.